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HomeMy WebLinkAbout064331 - Construction-Related - Contract - Dunaway Associates LLC11/20/2025 64331 Date and Time Received:_ City Secretary No.: WATER AND SEWER LINE ABANDONMENT AGREEMENT This WATER AND SEWER LINE ABANDONMENT AGREEMENT ("Agreement") is made and entered into by and between THE CITY OF FORT WORTH, a Texas home rule municipal corporation ("City"), acting by and through its duly authorized Assistant City Manager, and the Board of Regents of The University of Texas System, the governing board of The University of Texas Southwestern Medical Center ("UTSW"), acting by and through its duly authorized representative. RECITALS WHEREAS, UTSW is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, being 2.217 acres of land located at the southeast corner of West Oleander Street and Grainger Street in Fort Worth, Tarrant County, Texas ("UTSW's Property") being more particularly described in Exhibit "A-1" attached hereto and incorporated herein for all purposes; and WHEREAS, UT Southwestern Moncrief Cancer Center ("Moncrief") is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, located at 400 W Magnolia Ave, Foil Worth, Texas ("Moncrief s Property") being more particularly described in Exhibit "A-2" attached hereto and incorporated herein for all purposes (UTSW's Property and Moncrief s Property are collectively the "Property"); and WHEREAS, UTSW intends to enter into a Ground Lease with Moncrief so that UTSW may develop the Property and construct a building on the Property and prior to said Ground Lease, UTSW and Moncrief have entered into a Temporary Construction License Agreement dated effective June 1, 2025 ("Moncrief License"), granting UTSW access to Moncrief's Property for purposes of performing certain work; and WHEREAS, Moncrief desires to affirm the Moncrief License for purposes of the work to be completed by UTSW as set forth in this Agreement; and WHEREAS, the City owns and maintains public sewer and water facilities known as X- 21368, X-12521 and X-11009 (individually, the "Existing SewerLine" and when referring to more than one, the "Existing Sewer Lines") and X-23397 (the "Existing Water Line"); The Existing Sewer Lines and Existing Water Line may from time to time hereinafter be referred to as the "Existing Lines". The Existing Lines are each within the Property as shown on the diagram attached to this Agreement as Exhibit "B" and incorporated herein for all purposes; and WHEREAS, UTSW has entered into a Community Facilities Agreement 25-0086 (the OGC#157548 Page I 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX "CFA") and Infrastructure Plan Review Center 24-0241 (the "IPRC") which details the work to construct a new water line (the "New Water Line") in an alternative location to replace the Existing Water Line that is being abandoned, removed and isolated from the City's water system; and WHEREAS, the CFA and IPRC detail work to construct new sewer lines ("New Sewer Line" or "New Sewer Lines" as applicable) in an alternative location to replace the Existing Sewer Lines that are being abandoned, removed and isolated from the City's sanitary sewer systems. A portion of the New Sewer Line as shown on Exhibit B-1, will be privatized. The New Water Line and New Sewer Lines may from time to time hereinafter be referred to as the "New Lines"; and WHEREAS, to facilitate UTSW's intended use of a portion of the Property, UTSW has requested that City abandon the Existing Lines; and WHEREAS, pursuant to the CFA and IPRC, UTSW will construct New Sewer Lines in alternative locations to replace the Existing Sewer Lines and serves the existing customers; and WHEREAS, pursuant to the CFA and IPRC, UTSW will construct the New Water Line in an alternative location to replace the Existing Water Line that serve the existing customers; and WHEREAS, the City has reviewed UTSW's request and has determined that the Existing Lines serve customers within or beyond the boundaries of the Property, and the abandonment of the ExistingLines contemplated by this Agreement cannot take place until the New Lines have been constructed by UTSW pursuant to the CFA and IPRC, inspected and accepted by the City, are placed in service, and adequately serve the customers who are presently served by the Existing Lines; and WHEREAS, once completed, the Existing Lines will be deemed abandoned, and UTSW shall have exclusive control over the Existing Lines. UTSW (i) shall drain, cut and cap at the existing manholes and remove the Existing Sewer Lines and (ii) shall drain, cut and cap at the existing values and remove the Existing Water Line, per the Infrastructure Plan Review Center 24-0241, IPRC24-0241 to prevent infiltration into the City's adjacent active sewer or water system; and WHEREAS, the total depreciated value of the Existing Lines and the value of the re-routed New Lines are set forth in Exhibit "C" attached hereto and incorporated herein for all purposes; and NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City, UTSW and Moncrief agree as follows: AGREEMENT 1. City shall and by these presents, does hereby abandon the Existing Lines from the points designated for each on Exhibit "B" but only to the limits shown thereon in accordance with this Page 12 OGC# 157548 Agreement and only after UTSW constructs the New Lines as contemplated herein. 2. Abandonment of the Existing Lines and work by UTSW to abandon the Existing Lines shall not occur until the New Lines that are the subject of the CFA and IPRC have been constructed by UTSW, have passed all testing and inspection, and have been accepted by the City as indicated by the execution by the City of the notice of project completion, commonly referred to as the "greensheet." 3. UTSW hereby accepts the Existing Lines "as-is/where-is" and warrants that UTSW has performed its due diligence to understand the condition of the Existing Lines without relying on any representation by the City. UTSW shall not expand or otherwise cause any infringement on the City's remaining public infrastructure. 4. UTSW agrees that once the New Lines are completed, the Existing Lines will be deemed abandoned, and UTSW shall have exclusive control over the Existing Lines. UTSW shall drain, cut and cap at the existing manholes and remove the Existing Sewer Lines and shall drain, cut and cap at the existing values and remove the Existing Water Line per IPRC24-0241 to prevent infiltration into the City's adjacent active sewer or water system. 5. Except as otherwise herein provided, all construction, abandonment and removal of the Existing Lines shall be performed in strict compliance with this Agreement and, to the extent applicable, the City's Charter, policies, ordinances, and Code of Ordinances. 6. UTSW agrees to comply fully with all applicable laws, statutes, ordinances, codes or regulations in connection with the construction and removal of the Existing Lines to prevent infiltration into the City's adjacent active sewer or water system. 7. Moncrief, the City and UTSW agree and acknowledge that this Agreement is for the purpose of granting to UTSW (a) ownership and full responsibility for the decommissioning of the Existing Lines; (b) the right to construct the New Lines in the locations set forth on Exhibit "B" attached hereto; and (c) the right to construct a manhole ("Manhole") in the location set forth on Exhibit I°B-211, which is within a City right-of-way. Moncrief agrees and affirms the Moncrief License is sufficient for and covers all of UTSW's work described in this Agreement. Further, the City hereby grants and conveys UTSW with a license on and across the City right-of-way to construct and install the Manhole along with other related work that may be required by UTSW. This Agreement is not a conveyance of any right, title, or interest in or to the City's public Page 13 OGC4157548 infrastructure not herein identified as part of the Existing Lines nor is it meant to convey any right to use or occupy property in which a third party may have an interest. 8. In the event UTSW conveys the UTSW Property and/or Moncrief conveys the Moncrief Property, the respective party shall (a) provide a copy of this Agreement, which shall run with the land, to the new owner of the Property along with a report on the status of UTSW's actions with respect to the New Lines and (b) promptly notify City of any transfer in ownership of the respective Property. 9. Following completion of the work described herein this Agreement shall terminate, and the parties shall execute a termination agreement evidencing said completion of the work and abandonment of the Existing Lines by the City. 10. Any cause of action for breach of this Agreement shall be brought in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. 11. This Agreement shall be binding upon the parties hereto, their successors and assigns. 12. Pursuant to the CFA, UTSW will construct the New Lines in alternative locations as set forth on Exhibit B to replace the Existing Lines that are being abandoned and reconnect any remaining customers who previously used the Existing Lines. [Signatures Follow:] Page 14 OGC# 157548 THIS AGREEMENT shall be effective on the date signed by the City's Designated Assistant City Manager ("Effective Date"). City of Fort Worth By: C� \orn .1_� Jesica McEachern Assistant City Manager Date: 11/17/2025 Recommended By: Chris Harder, P.E. Water Department Director Approved As To Form and Legality By:,DguP1as6lack 517;19r55CSTI Douglas W Black Sr. Assistant City Attorney ATTEST: By: Jannette S. Goodall City Secretary 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. By: 5�t "—Y" .. Pam' Suby Varughese, P.E. Engineering Manager OFFICIAL RECORD Page 15 CITY SECRETARY FT. WORTH, TX Board of Regents of The University of Texas System, the governing board of The University of Texas Southwestern Medical Center By: 0-11- Jona an Pruitt Executive Vice Chancellor and Chief Operating Officer Executive Vice Chancellor for Business Affairs The University of Texas System CID:t Approved as to Content: The University of Texas Southwestern Medical Center By: : �G Matthew Rosamond Vice President for Finance and CFO The University of Texas Southwestern Medical Center Page 16 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TRAV IS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jonathan Pruitt, Executive Vice Chancellor and Chief Operating Officer and Executive Chancellor for Business Affairs, The University of Texas System, on behalf of the Board of Regents of The University of Texas System, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Board of Regents of The University of Texas System the governing board of The University of Texas Southwestern Medical Center, and that he/she executed the same as the act of said entities for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 sT day of =09sp, , 2025. CRYSTAL MORALES ARREDONDO Notary Public, State of Texas Comm. Expires 05-08-2029 '1i1111°,F„1�1� Notary ID 126696208 Notary Public in and for the State of Texas Page 17 MONCRIEF: UT Southwestern Moncrief Cancer Center By:A4Z/ 0. Name: Mack Mitchell, M.D. Title: Vice President for Medical Affairs THE STATE OFTEXASS § COUNTY OF Da IL � § BEFORE ME, the unders' ed a tb ri a Notary Public in and for the State of Texas, on this day personally appeared /`'(� /I'f %. , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of UT Southwestern Moncrief Cancer Center and that he/she executed the same as the act of said entities for the proposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this A day of > 2025. Notary P I;c in and for the State of Texas Page18 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on November 17 12025, by Jesica McEachern, the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. 1pNy Pb0 JENNIFER LOUISE EZERNACK 2�o ELECTRONIC NOTARY PUBLIC * * STATE OF TEXAS COMMISSION # 130561630 �i MY COMMISSION EXPIRES OF MARCH 4, 2028 Jennifer Louise Digitally signed by Jennifer Louise Ezernack Eze r n a c k Date: 2025.11.18 10:45:42-06'00' Notary Public in and for the State of Texas My commission expires: 03-04-2028 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth, TX 76102 Page19 EXHIBIT "A-V LEGAL DESCRIPTION OF UTSW'S PROPERTY Lot 1R-2 Block C-D, in Fairlawn Subdivision of Block 18 in Fields -Welch Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Final Plat FS-24-148, recorded as Instrument Number D225191776, Plat Records of Tarrant County, Texas. -- — -- '... "IE, E•'E1*E•11 e.0 r5 rn IUT)AL\'! 7\L;li - 1.11'711''.1'E ! D!' ' I I +A11•)-__of 1 LM011'fT. aC!' 1 I I I i ( I I I r c I I I I ' I 11 LOT 1 BLOCK GD I I I % FAIRLALNIf SUBDIVISION I`'="' OFBLOCKI8 I I FIELDS -WELCH �_ •�; ADDITION 1 1 2.21WRES r• I ! I I r I I I I I I 1 W� I I JIJ• I ilc '.H' I ��•r�' i "•E LM: -F 7ME 1 vLEv: Rr a1[L. '. -IF•; I I rr I y� !'. THE _;E _. i oF.Fil( I I I a.T ;.icgH.F:1F•r. I I vE 1 .L l0.itt -T-' �"� 1 �r I L, .aT'T.• �i, Eu Oy (n I 2Q I 1 II I I ' I I 1 I' — •M•DCEt � :•IRs .4t tl:e I I r 1 I I I l I I t I I I I I I e I %5TI0'3Tc 121 �7Ai 7A'.,1'7r 777 0 71' ]6)Y.'S)'N lcl gy I I I I I II I I- II II II II II II I I I� 46 Page 110 EXHIBIT "A-2" LEGAL DESCRIPTION OF MONCRICF'S PROPERTY Lot 1 R-1, Block C-D, in Fairlawn Subdivision of Block 19 in Fields -Welch Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Final Plat FS-24-148, recorded as Instrument Number D225191776, Plat Records of Tarrant County, Texas WEST OLEANDER STREET I 1. 1'•9 � )n.i part-R-.•r) � I 1 I �ii eis�ui uury i i I 1 of I II �,Srtre° t•1 1 I 1 I I i � 1 � r i i LOT 1R-1, BLOCK C-D 1• zp FAIRLAWN SUBDMSION j i:3 1_______________,l $s OFBLOCK 10 I t 9? $� , FIELDS -WELCH -r ::.er•erc.. .<-,.ry > F ADDITION a•«. <ran I �j a��F,';;^••i � I 1 •.un u:i i+ory,•n 3 _ ru:v.:ru. is in. �• I 4.430 ACRES I I O� �: pz,S6 I i I I I I T.:n ,. f a .• � j � ` c {a•�.. 1 I I I I i I � I I i I II I I I I _ , I, 1 I li •� .rfN -- - - - I I �flYllOT[ Olf' • _-- _ - F.rle'31'i /tOq' Page Ill EXHIBIT "B" Map of Existing Lines and New Lines 1 i Ilm, xeJeOa. i 7 E .WA�s • f •ul:�...•�1; 11 1 ae n µ hr - I I y f ,.rr ,.r- •_; i sir;;: � i I •IC fit .. ?,' `. IMtN1V:.tiM11: iKr ., ,fit' i! xsienrtrnr:.r I U, i q I �f r' r,il'.'��, t.• N.:f VAiYD,NMtL0.! •:i.A �l 1 Page 112 EXHIBIT "B-1" Location of New Sewer Line to be Privatized w =.._'.;. �IIU1 Ill I T I i': �1 ate:.°.c•:8�s�.. r�.. r a:ns�srx K... I s,:•i: 111 1 I I; 1 1 i _u..:.irii= I � � 1 Inw.•��'���1v>�y � .a 11 I I Ir l! I I 1 I g "_.tl"^le97 ' .�i 1 r;_„ j � � •. T� 1 I I p _tt I'[� I r 'E���, l�rl :._I-C �� I�: !I� I•s r`�Rt t T. I I 11 If- ll'I -- U ti M7: t't' C•] � L' . 1 _r W,�_ t- ' _ - '.,.:1GPm •i (�` is fin:'^��—• r__—__—._— mnurlmmn OVIRAU SAMMtSlWffl FLAN 1 1 t r.- ...rz•u u,n Page 113 EXHIBIT "B-2" Location of Manhole to be Installed Page 114 EXHIBIT "C" Depreciated Value of the Water Line and Sewer Line •eciated Value of Sewer Lii 21" PVC Sewer Lines: 468 LF - 21" PVC Sewer Main Number: S-16613 Plans File Number: X-21368 GIs # 88901 (225 LF), 88865 (243 LF) Install Date: 7/27/201 l Net Book Value as of 6/09/2025: $ 22,729.22 8" PVC Sewer Lines: 160 LF - 8" PVC Sewer Main Number: L-2482R Plans File Number: X-12521 GIs # 111090 Install Date: 3/2/1996 Net Book Value as of 6/09/2025: $ 4,061.85* 8" HDPE Sewer Lines: 254 LF - 8" HDPE Sewer Main Number: L-2482R Plans File Number: X-11009 GIs # 112645 Install Date: 10/7/1998 Net Book Value as of 6/09/2025: $16,708.02* The total depreciated value of the Sewer Lines is $43,499.09. Indicates value of Existing Seiver Lines for which UTSW shall pay the amount noted to the City. enreciated Value of Water Line 12" PVC Water Line: 418 LF - 12" PVC Water Main Plans File Number: X- 23397 GIs ID # 1088803 (167 LF), 1088790 (54 LF), 1088793 (190 LF), 1088794 (7 LF) Install Date: 11/26/2018 Net Book Value as of 6/09/2025: $30,048.98 The total depreciated value of the Water Line is $30,048.98. Total Net Book value for the Existing Lines owed to the City is $ 20,769.87. The total depreciated value of the Existing Lines is $73,548.07 ("Depreciated Value"). The Depreciated Value is offset by $52,778.20, which represents the value of the New Water Line and the New Sewer Line alignment contemplated by the CFA and the IPRC plans. Thus the amount owed to the City by UTSW is $20,769.87. Page 115 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Dunaway Associates LLC Subject of the Agreement: Water and Sewer Lines Abandonment Agreement M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes © No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Once Recorded by City Secretary's Office Expiration Date: If different from the approval date. None If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. City Project number 106013 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the followingoder:. 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.