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HomeMy WebLinkAbout064961 - General - Contract - ONCOR Electric Delivery Company, LLCCSC No. 64961 Eagle Mountain Switchyard D-1013, D-1016, D-5588 2026-5864CW 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. ("COFW"). WHEREAS, COFW desires temporary construction access to an area located upon property owned by Oncor as recorded under volume 160, Page 53, volume 2395, 609, volume 2393, page 478 and under instrument number D209320617 of the Deed Records of Tarrant County, Texas (the "Property"); WHEREAS, Oncor is willing to grant temporary access to COFW to the Property for the sole purpose for Topographic/Boundary Surveying, Environmental Investigations (including archaeological surveys), Subsurface Utility Investigations, Geotechnical Investigations, Archeological Investigations, Electrical Engineering and Site Observation for the Bonds Ranch Lift Station as seen in Exhibit "A" upon the 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: Oncor hereby grants to COFW and its contractors, agents and representatives (the "COFW 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 a period not to exceed one (1) year from the effective date hereof (the "Access Period"). COFW shall not construct or place upon the Property during the Access Period any equipment or structures intended to be of a permanent nature. COFW 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 COFW, its employees, agents, and representatives (the "COFW Parties") in connection with the Access, COFW shall comply, and ensure that all the COFW 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 "B" attached hereto and OFFICIAL RECORD CITY SECRETARY Temporary Access Agreement FT. WORTH, TX Page 1 of 9 incorporated herein. Oncor reserves the right to and may, at any time, terminate COFW`s right of entry to the Property in the event that COFW is not complying with such laws, safety guidelines, and/or the Construction Limitations. 3. COFW 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, COFW 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 COFW, 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, COFW 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 Parties and/or Oncor and that result, directly or indirectly, from the activities of the 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 COFW 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. 5. Governing 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 9 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 COFW without the prior written consent of Oncor. EXECUTED by Oncor and effective this day of A"C,� , 2026. ONCOR ELECTRIC DELIVERY COMPANY LLC By: - e��" Attorney -in -Fact 41— EXECUTED by COFW this day of , 2026. Name: Jesica McEachern Title: Assistant City Manager Temporary Access Agreement Page 3 of 9 O w Z 0-0 1 <, C.) fmn o -I m m � � J m = J m v o � 3 O N [D N N O � a N J � O J (D � O IP 3 N - [D N J DO Ol [D O- D N J O � C N N Q D -+ A N N .z [D » • O (D nD (V O 1 J m N U n O N (� 8m a J m Er n m d a £ c 'm m n_ Q J � o m� �o -o N J J - nm o a f 3 m � J o o D 'm a -1 a (D O M N O � N 0_ � O O a o Q m m o3i � rn J m o_ 6 C (D � N O 3 m o a m' n O � O ry A � C N J d J O N N N N <"z � I� a V IY - 4 o `' F o m n 3 g n@° a v O ._. 0 3 N 3 V FD Ir I N ^ I� I Exhibit "A" Temporary Access Agreement 1of2 Page 4 of 9 h a _71 q-IF a �.O :p u E MDR! ., ReD dRA3�s�9g9g �m A } `r ,. j I� r Exhibit "A" 2of2 Temporary Access Agreement Page 5 of 9 CONSTRUCTION LIMITATIONS ON Oncor ELECTRIC DELIVERY COMPANY RIGHT OF WAY EXHIBIT "B" 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. 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. 6. Equipment and materials will not be stored on the right-of-way 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 for approval. 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 Temporary Access Agreement Page 6 of 9 §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. 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 Oncor transmission structure (tower, pole, guy wire, etc...). 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 notify the Region Transmission Department, 817-470-6939. 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 Temporary Access Agreement Page 7 of 9 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 sec.., the Clean Air Act, 42 U.S.C. §741 et sec., the Clean Water Act, 33 U.S.C. §7401 et sec., 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 or towers. 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- w-I 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. 23. Gas Pipeline 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 Temporary Access Agreement Page 8 of 9 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 Oncor right-of-way. 26. No boring pits or other type of pits will be permitted within the right-of-way. Temporary Access Agreement Page 9 of 9 ENCROACHMENT ON EASEMENT FOR BONDS RANCH LIFT STATION, FORCE MAIN, GRAVITY MAIN CPN 104490 ADDITIONAL ROUTING SIGNATURES CITY OF FORT WORTH 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: bijaXprefi7Mar 1 r, 2025 10:16:27 CDT) Bijay Upreti, P.E. Sr. Project Manager APPROVAL RECOMMENDED: CMStOpher }+grder By: Christopher Harder (M r 17, 2026 10:41:01 CDT) Christopher Harder, P.E., Director, Water Department CONTRACT AUTHORIZATION M&C: N/A Date Approved: N/A FORM 1295: N/A APPROVED AS TO FORM AND LEGALITY: LI-A Lawrm-c. Cdbl ptw Larry Collister Senior Assistant City Attorney ATTEST AS TO CITY MANAGER SIGNATURE: By: /VI��9F.asztt FORTf y�%10 od ,.e Jannette Goodall P *lea o City Secretary �4�n64 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Oncor Electric Delivery Company, LLC Subject of the Agreement: Temporary Access Agreement M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage 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: 3/30/2026 If different from the approval date. Expiration Date: 3/30/2027 If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104490 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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.