HomeMy WebLinkAboutContract 56955 City Secretary Number: 56955
Rosen Heights 138KV Tap Line
D-1030
2021-2554 CW
STATE OF TEXAS §
COUNTY OF TARRANT §
TEMPORARY ACCESS AGREEMENT
This Temporary Access Agreement (this "Agreement") is entered into by and
between Oncor Electric Delivery Company LLC ("Oncor") and the City of Fort Worth,
Texas (the "City").
WHEREAS, the City desires to utilize an approx. five foot strip (1,147 sq. ft. or
0.026 acres) for the Trail Gap Connection project which consist of removing existing
sidewalk and replacing with a ten foot (10') wide paved sidewalk, workers, simple
equipment, and dirt spoils as more particularly reflected Exhibit "A" and Exhibit "B",
attached hereto upon property owned by Oncor described in and recorded in Vol. 2502,
Page 593 of the Deed Records of Tarrant County, Texas.
WHEREAS, Oncor is willing,to grant temporary access to the Property for the sole
purpose of the Trail Gap Connection CFW Project No. 101632 terms and conditions
contained herein.
NOW THEREFORE, for and in consideration of Ten Dollars ($10) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
it is agreed by and between the parties hereto, that:
1. Oncor hereby grants to the City and its contractors, agents and representatives
(the "City Parties"), a license for the immediate right of entry upon the Property,
with ingress and egress to the Property over and across existing roads and
adjacent lands of Oncor, for the construction of the Trail Gap Connection CFW
Project No. 101632 for a period not to exceed 15 months from the effective date
hereof (the "Access Period"). The City shall not construct or place upon the
Property during the Access Period any equipment or structures intended to be of
a permanent nature. The City shall be responsible for locating any surface or
subsurface utilities, pipelines or similar underground structures on the Property
and for marking same.
2. Although Oncor shall have no responsibility for any actions or omissions by The
City, its employees, agents, and representatives (the "Parties") in connection with
the Access, The City shall comply, and ensure that all the Parties comply, at all
times during the performance of the Access, with applicable federal, state, county
and local laws and safety guidelines, as well as the Construction Limitations as set
forth in Exhibit "C" attached hereto and incorporated herein. Oncor reserves the
right to and may, at any time, terminate The City's right of entry to the
OFFICIAL RECORD
CITY SECRETARY
Temporary Access Agreement FT. WORTH, TX
Property in the event that The City is not complying with such laws, safety
guidelines, and/or the Construction Limitations.
3. The City shall promptly cause to be removed all machinery, equipment, vehicles,
as well as all other personal property from the Property no later than the expiration
of the Access Period. No later than the expiration of the Access Period, the City
will restore, or cause to be restored, at its sole cost and expense, the surface of
the Property to as near the condition thereof, existing prior to any entry by the City,
as may be practicable, including the restoration of protective vegetation on
disturbed areas and the provision of temporary erosion controls until the vegetation
is established.
4. To the extent allowed by law, the City agrees to indemnify, defend, and hold harmless
Oncor and its respective members, partners, affiliates, officers, directors, shareholders,
employees and agents from all claims, liabilities, losses, damages, costs, and expenses
(including reasonable attorneys' fees) that are asserted against or suffered or incurred
by the City Parties and/or Oncor and that result, directly or indirectly, from the activities
of the City Parties on or related to the Property. IT IS THE EXPRESS INTENTION OF
THE PARTIES THAT THE FOREGOING INDEMNITY SHALL BE ENFORCED TO
THE FULL EXTENT OF APPLICABLE LAW, REGARDLESS OF THE JOINT,
CONCURRENT OR COMPARATIVE NEGLIGENCE OR OTHER FAULT OF ONCOR,
OR FROM ANY CONDITION OF THE PROPERTY OR SEPARATE OPERATIONS
BEING CONDUCTED THEREON. NOTHING IN THIS AGREEMENT SHALL
RENDER THE CITY LIABLE TO ANY PERSON FOR ANY ACT OR OMISSION
CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ONCOR,
ITS EMPLOYEES, AGENTS AND CONTRACTORS, UPON OR RELATED TO THE
PROPERTY OR ANY PART THEREOF. Nothing contained herein shall ever be
construed so as to require City to assess, levy and collect any tax to fund its obligations
under this paragraph. Article XI Section 5 of the Texas Constitution provides that a city
is prohibited from creating a debt unless the city levies and collects a sufficient tax to
pay the interest on the debt and provides a sinking fund. The City of Fort Worth has not
and will not create a sinking fund or collect any tax to pay any obligation created under
this section.
5. Governinq Law.
THIS AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED IN
ACCORDANCE WITH LAWS OF THE STATE OF TEXAS WITHOUT GIVING
EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE
(WHETHER OF THE STATE OF TEXAS OR ANY OTHER JURISDICTION) THAT
WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION
OTHER THAN THE STATE OF TEXAS. THE PARTIES MUTUALLY CONSENT
TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS IN TARRANT
COUNTY, TEXAS AND AGREE THAT ANY ACTION, SUIT OR PROCEEDING
CONCERNING, RELATED TO OR ARISING OUT OF THIS AGREEMENT AND
THE NEGOTIATION OF THIS AGREEMENT WILL BE BROUGHT ONLY IN A
FEDERAL OR STATE COURT IN TARRANT COUNTY, TEXAS AND THE
PARTIES AGREE THAT THEY WILL NOT RAISE ANY DEFENSE OR
OBJECTION OR FILE ANY MOTION BASED ON LACK OF PERSONAL
JURISDICTION, IMPROPER VENUE, INCONVENIENCE OF THE FORUM OR
THE LIKE IN ANY CASE FILED IN A FEDERAL OR STATE COURT IN TARRANT
COUNTY, TEXAS.
Temporary Access Agreement Page 2 of 8
6. Entire Agreement.
This Agreement sets forth the entire understanding between the parties with
respect to the subject matter hereof, and all prior agreements, representations and
understandings, oral or written, with respect to the subject matter hereof, shall be,
and are hereby declared to be, null, void, and of no further force or effect. This
Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors.
7. Assignment.
This Agreement may not be assigned or transferred by the City without the prior
written consent of Oncor.
EXECUTED by Oncor and effective this11 _day of J✓e)l , 2021.
ONCOR EELy
ECT IC E I ER OMPANY LLC
By:
Wilson Peppard P.E.
Attorney-in-Fact
EXECUTED by the City of Fort Worth this 16th day of June—,2021.
d O F°�OR 0
o 0p��d CITY OF FORT WORTH
P~o °Ad
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��° °_� By G <s
00 °
° °
°° 00419 Name: Steve Cooke
°°Ooo°oo ICY
TEXAsa4z)p Title Property Management Director
ATTEST: Ordinance No 24161-04-2020
Tannefife5.Goodall APPROVED AS TO FORM AND LEGALITY
Janne#e S.Goodall(Jan10,202206:53C5) By:
City Secretary TT
Name: Matt Murray
Title Assistant City Attorney OFFICIAL RECORD
CITY SECRETARY
Temporary Access Agreement
FT. WORTH, TX
TRAIL GAP CONNECTIONS TEMPORARY CONSTRUCTION EASEMENT
CITY PROJECT## PARCEL No,
WILLIAM Y.ALLEN SURVEY,A-15
EXHIBIT A
REAL PROPERTY DESCRIPTION
BEING a portion of the remainder of a 6.51 acre tract of land located in William Y.Allen Survey,
Abstract No. 15,as described as Tract 2 in deed to Texas Electric Service Company(TESCO),recorded
in Volume 2502,Page 593,of the Deed Records of Tarrant County, Texas(DRTCT),subject tract being
more particularly described by metes and bounds as follows;
.BEGINNING at a point in the north right of way Angle Avenue,a variable width right of way as
recorded in Volume 6426,Page 217,DRTCT and Instrument Number D215257892,DRTCT, said point
being located in the west line of said TESCO Tract 2,and being the most southerly southeast comer of
Lot 1,Block 1,Meridian Addition, an addition to the City of Port Worth,Tarrant County,Texas as
recorded in Cabinet A,Slide 6963,of the Plat Records of Tarrant County,Texas,from which a 5f8 inch
iron rod found bears North 55°30'50" West a distance of 552.54 feet;
THENCE North 3401648 East,departing the north right of way lime of said Angle Avenue and
continuing with the west line of said TESCO Tract 2,a distance of 5.00 feet, to a point,for corner;
THENCE South 55055'33"East, departing the west line ofsaid TESCO Tract 2,a distance of 197.23
feet,to a point,for angle point;
THENCE South 64°29'40"East,a distance of'1.95 feet,to a point,for corner;
THENCE South 25°30'20"West,a distance of 5.00 feet,to a point in the north right of way line of said
Angle Avenue, for corner,
THENCE North.64°29'40" West, with the north right of way line of Angle Avenue,a distance of 32.32
feet, for angle point;
THENCE North 55°55'33"Nest,continuing with the north right ofway line of Angle Avenue,a
distance of 197.62 feet,to the POINT OF BEGINNING of the herein described tract,containing a
calculated area of 1,147 square feet or 0.026 acres of land.
Notes.
The basis of Bearing is the NAD83 State Plane
Coordinate System,Texas North Central Zone 4202.
OF
See Exhibit B of same date. 1151 °
.....
JENNIFER STAMWON�O;�1iZ
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Prepared By: IN
Di.Sciullo-Terry,Stanton &Associates, Inc. t
908 West Main Street
Arlington,Texas
Firrn Nbmg0ffa4A Agreement PAbV1
5/8' IRF (ANA)
25X25 Si 6963, pRTCT
LOT 1, BLOCK 1
z 1 MERIDIAN ADDITION
CAB. A, SLIDE 6963, PRTCT
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POINT OF 35MST. —
BEGINNING _
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z TESCO
(TRACT 2)
VOL 2502, PG 593, DUCT
it N V't-, �
1,147 SF,
,,,via 0.028 AC.
S6f29'40'E
31.95'
N6f29'40'W
32.32'
S25'30'20V EXHIBIT B
5£AIZ- 1' 6D' 5A0' TEMPORARY CONSTRUCTION EASEMENT
OF TRACT OUT OF
„••..•,,, W.Y. ALLEN SURVEY — A—f 5
Al.,' Cr R '.9
"� vi,:� ' �* 1,14.7 SQ. FL / 0.026 ACRE TRACT
-••.••••••....•••••••••.••• FORT WORTH, TARRANT COUNTY, TEXAS
JENNIFER STANTON ORTIZ
..Y�....676'�.-- .. DATE:AUGUST 2W*FILE TLSRA-FORT WORTH TRAILS
LEGEND t t• /N DI SCIULLO-TERRY, STANTON A ASSOCIATES, INC.
IRF- IRON ROD FOUND y•aF s O;:•p� T ENGINEER ING AND SURVE(ING
CIRF- OPPED RON ROD F€ l •_..,«.•`�`�
DRTCT N DEED RECORDS OF TARRANRT S U R 908 WEST AUXIN STREET»ARUNGTON,TE)M 76013
COUNTY, TEXAS ��Q TELEPHONE: 617— 275— 3361
PRTCT - PLAT RECORDS OF T'ARRANT I E�STABUM 1953* FM Nos. E-615&S-1W049—DO
COUNTY, TEXAS SURVEYED ON THE GROUND 'D✓S UL1O— ,STAKTON&ASSOCAAi€,4, INM 2020
R.O.W. N IWHT—Of4AY JUNE 2019 PAGE 2 OF 2
CONSTRUCTION LIMITATIONS
ON ONCOR ELECTRIC DELIVERY COMPANY RIGHT OF WAY_
EXHIBIT "C"
1. You are notified, and should advise your employees, representatives, agents,
and contractors, who enter the property that they will be working in the vicinity of high
voltage electrical facilities and should take proper precautions, included but not limited to
the following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A.,
Health & Safety Code.
2. Blasting is not to be permitted on Oncor right-of-way or under Oncor lines.
3. Construction on electric transmission line easements acquired by Oncor after
January 1, 2003 shall comply with the requirements of Public Utility Commission
Substantive Rules §25.101, as amended from time to time.
4. No crossing less than 45 degrees to the centerline of the right-of-way.
5. Grading will be done in order to leave the right-of-way as near as possible to
present condition. Spoil dirt will be removed from the right-of-way and no trash is to be
left on right-of-way. Hydro-mulch or grass seeding are approved methods of restoration.
Slopes shall be graded so that trucks can go down the right-of-way when required and
such that the slopes can be mechanically maintained. If site restoration, Hydro-mulch or
grass seed cannot occur due to unforeseen construction delays, or weather conditions,
Oncor shall grant the City and it's Contractor access to re-seed the site at a later date.
Oncor's inspector shall be contacted to conduct a final walk through of the Temporary
Access Area.
6. Equipment and materials will not be stored on the right-of-way, outside of the
area described in this agreement, during construction without written approval of the
Supervisor of Regional Transmission.
7. Street or road crossings are to be based on drawings submitted. Any change in
alignment or elevation will be resubmitted forapproval.
8. No signs, lights or guard lights will be permitted on the right-of-way.
9. Power line safety equipment operations: hazard assessment and precautions
inside the work zone area must be performed and in compliance with OSHA Standard
§1926.1408 at all times. Equipment shall not be placed within fifteen (15) feet of the
Oncor 138,000 volt or less power lines or within twenty (20) feet of the Oncor 345,000
volt power lines.
10. Any pre-approved fencing will not exceed eight (8) feet in height, and if metal in
nature, will be grounded, at ten (10) feet intervals,with an appropriate driven ground.
Gates should be at least sixteen (16) feet in width to allow Oncor access to the right-of-
way.
Temporary Access Agreement Page 6 of 8
11. No dumpsters will be allowed on Oncor right-of-way or fee owned property.
12. Draglines will not be used under the line or on Oncor right-of-way.
13. The existing grade shall not be disturbed, excavated or filled within 25 feet of the
nearest edge of any tower.
14. Right-of-way will be protected from washing and erosion by Oncor approved
method before any permits are granted. No discharging of water will be allowed within
any portion of the right of way. Drainage facilitation will not be allowed to discharge
into/onto Oncor right-of-way.
15. No obstruction shall be installed on the right-of-way that would interfere with
access to Oncor structures or prevent mechanical maintenance.
16. Before any work is done under Oncor lines or by Oncor structures notifythe
Region Transmission Department, 817-496-2746.
17. No hazardous materials will be stored on the right of way.
18. For purposes of this document, "Hazardous Materials" means and includes those
substances, including, without limitation, asbestos-containing material containing more
than one percent (1%) asbestos by weight, or the group of organic compounds known as
polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals known
to cause cancer or reproductive toxicity and includes any items included in the definition
of hazardous or toxic waste, materials or substances under any Hazardous Material
Law. "Hazardous Material Laws" collectively means and includes any present and future
local, state and federal law relating to the environment and environmental conditions
including, without limitation, the Resource Conservation and Recovery Act of 1976
("RCRA"), 42 U.S.C. §6901 et seq., the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C. §§9601-9657, as
amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the
Hazardous Material Transportation Act, 49 U.S.C. §6901 et seq., the Federal Water
Pollution Control Act, 33 U.S.C. §1251, et seq., the Clean Air Act, 42 U.S.C. §741 et
seq., the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic Substances Control Act,
15 U.S.C. §§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the
regulations, orders, and decrees now or hereafter promulgated thereunder.
19. Brush and cut timber is not to be piled or stacked on Oncor right-of-way nor is it
allowed to be burned upon or in close proximity to the conductors ortowers.
20. No structures or obstructions, such as buildings, garages, barns, sheds,
swimming pools, playground equipment, guard houses, etc., will be permitted on the
right-of-way.
21. Landscaping on Oncor right-of-way is permitted when Oncor approves
landscaping plans in writing. No lighting or sprinkler systems are allowed on the right-of-
way.
22. No park or park designation will be permitted on the right-of-way.
Temporary Access Agreement Page 7 of 8
23. Protective Barrier; Grantee, at Grantee's sole expense, shall provide one of the
following protective barriers; 1) a concrete protective barrier between the surface and the
pipe that is a minimum of one (1) foot thick by one (1) foot wide, if pipe is wider than
one (1) foot, then width of pipe, with the top of the concrete barrier to be at least one (1)
foot below the surface or final grade, 2) construct the gas pipeline inside of a proper
protective steel casing, 3) where electric facilities are located above ground, install the
pipeline a minimum of ten (10) feet below the ground surface, or 4) where electric
facilities are located below ground, install the pipeline at a depth that provides for a
minimum of a ten (10) foot clearance between the pipeline and the underground electric
facilities.
24. No fire hydrants or manholes will be permitted within the right-of-way.
25. Any drainage feature that allows water to pond, causes erosion, directs stormwater
toward the right-of-way or limits access to or around Oncor's facilities is prohibited.
Drainage facilitation will not be allowed to discharge into/onto Oncorright-of-way.
26. No boring pits or other type of pits will be permitted within the right-of-way.
Temporary Access Agreement Page 8 of 8
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
Name of Employee/Signature
Title
This form is N/A as No City Funds are associated with this Contract
Deanna Wright / Deaow� L�')�
Printed Name Signature