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HomeMy WebLinkAbout065493 - General - Contract - Oncor Electric Delivery Company, LLCOncor Electric Delivery 777 Main Street Suite 707 Fort Worth, Texas 76102 (o) 817-215-6288 chad.whitehead@oncor,com May 19, 2026 City of Fort Worth Attn: Matt Baacke 2559 SW Grapevine Parkway Grapevine, TX 76051 Re: Request # 2026-9320CW-PM Chad Whitehead Right of Way Agent Sr. 6'N' C R City Secretary ro Contract No Proposed Encroachment on Easement from GM Civil on behalf of the City of Fort Worth for grading and paving for five (5) new street crossings, two — 8" sanitary sewer line and five (5) 8" waterline crossings across Oncor's 100' wide easement. Crossings are on portion of the Ramhorn Hill Sw. — Dunham Sw. 138/345 KV Lines between Str. 9/5 —10/1. Dear Matt: Attached, please find an original Encroachment on Easement document for the proposed encroachments for "The Tradition" in Denton County, Texas. Please print the attached document twice and have both documents executed, notarized and return both wet originals to my attention for final signature by Oncor and recording. Once the documents have been fully signed, I will then forward one (1) fully signed copy to you for your file. You may call me at 817-215-6288 should you have any questions. Sincerely, Chad Whitehead Oncor Right of Way Agent Sr. Transmission Engineering OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Ramhorn Hill Sw. — Dunham Sw, 345 KV Line Ramhorn Hill Sw. — Dunham Sw. 138 KV Line E-320228 2026-9320CW-PM ENCROACHMENT ON EASEMENT WHEREAS, Oncor Electric Delivery Company LLC ("Oncor"), is the owner of an easement in Denton County, Texas, which is recorded under document number 2026-51808, of the Deed Records of Denton County, Texas ("Easement"); and WHEREAS, The City of Fort Worth, ("User"), desires permission to construct, operate and maintain grading and paving for five (5) new street crossings, two (2) — 8" sanitary sewer line crossings and five (5) 8" waterline crossings ("Encroaching Facility") within the area or boundaries of the Easements ("Easement Area"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Oncor and User do hereby agree as follows: 1. Location of Encroaching Facility. User may locate the Encroaching Facility in the Easement Area, but only as described and shown on the attached drawings marked Exhibit "A", incorporated herein. User may not relocate the Encroaching Facility within the Easement Area without the consent and approval of Oncor, which consent and approval shall be at Oncor's sole discretion. User acknowledges and agrees that Oncor holds easement rights on the Easement Area; therefore, User shall obtain whatever rights and permission, other than Oncor's, that are necessary. 2. Restrictions on Use of Easement Area. User shall use only so much of the Easement Area as may be necessary to construct, maintain, operate and repair the Encroaching Facility. User shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said Encroaching Facility. At the conclusion of any construction, User shall remove all debris and other materials from the Easement Area and restore the Easement Area to the same condition it was in prior to the commencement of User's construction thereon or in proximity thereto. User shall not place trash dumpsters, toxic substances or flammable material in the Easement Area. Further, if the Easement Area has transmission or distribution facilities located thereon, User shall not place upon the Easement Area any improvements, including but not limited to, buildings, light standards, fences (excluding barriers installed around transmission towers), shrubs, trees or signs unless approved in advance in writing by Oncor. Additional general construction limitations on encroachments are described and listed in Exhibit "B", attached hereto and by reference made a part hereof. 3. Maintenance of Encroaching Facility. User, at User's sole expense, shall maintain and operate the Encroaching Facility. Oncor will not be responsible for any costs of construction, Encroachment on Easement Page 1 of 23 reconstruction, operation, maintenance or removal of User's Encroaching Facility. User shall be liable for any and all taxes and fees assessed by cities or other taxing authorities related to User's Encroaching Facility or User's other allowed improvements being located on the Easement Area, including, but not limited to, the assessment of any storm water fees. 4. Risk and Liability. User assumes all risks and liability resulting or arising from or relating to User's use, the existing condition or location, or existing state of maintenance, repair or operation of the Easement Area. It is further agreed that Oncor shall not be liable for any damage to the Encroaching Facility as a result of Oncor's use or enjoyment of its Easement. Any Oncor property damaged or destroyed by User or its agents, employees, invitees, contractors or subcontractors shall be repaired or replaced by Oncor at User's expense and payment is due upon User's receipt of an invoice from Oncor. 5. Indemnification. User, to the extent allowable by Texas law, agrees to defend, indemnify and hold harmless Oncor, its officers, agents and employees, from and against any and all claims, demands, causes of action, loss, damage, liabilities, costs and expenses (including attorney's fees and court costs) of any and every kind or character, known or unknown, fixed or contingent, for personal injury (including death), property damage or other harm for which recovery of damages is sought or suffered by any person or persons that may arise out of, or be occasioned by, the negligence, misconduct or omission of User, its officers, agents, associates, employees, contractors, subcontractors, subconsultants, or any other person entering onto the Easement Area or may arise out of or be occasioned by the use of the Encroaching Facility, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of Oncor, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both Oncor and User, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas. Nothing contained herein shall ever be construed so as to require User 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. User has not and will not create a sinking fund or collect any tax to pay any obligation created under this section. 6. High Voltage Restrictions. Use of draglines or other boom -type equipment in connection with any work to be performed on the Easement Area by User, its employees, agents, invitees, contractors or subcontractors must comply with Chapter 752, Texas Health and Safety Code, the National Electric Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be 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 situated on the aforesaid property. User must obtain Oncor's approval and notify the Region Transmission Department at 817-470-6939, 48 hours prior to the use of any boom -type equipment on the Easement Area. 7. Relocation of Facilities, User shall not place its facility within 25 feet of any pole or tower leg. User agrees that in the event that Oncor determines that User's Facility interferes with Oncor's facilities, User will relocate User's Facility at User's expense. Userwill be entitled to relocate User's Facility on the encroachment area granted hereunder if reasonably possible without further interference with Oncor's facilities. If User's Facility cannot be relocated on the encroachment area, then, if reasonably possible, Oncor agrees to grant User an encroachment near the encroachment granted hereunder so that User's facility can continue to operate as originally intended. Encroachment on Easement Page 2 of 23 8. Default and Termination. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of thirty (30) days after Oncor notifies User of such default in writing, Oncor may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the Encroaching Facility. This agreement shall extend to and be binding upon User and its successors and assigns, and is not to be interpreted as a waiver of any rights held by Oncor under its Easement. Executed this day of 2026. APPROVAL: Oncor Electric Delivery Company LLC By: STATE OF TEXAS § COUNTY OF TARRANT § Attorney -In -Fact BEFORE ME, the undersigned authority, on this day personally appeared , as Attorney -In -Fact of Oncor Electric Delivery Company LLC, known to me to be the person 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 he is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this . A. D. 2026. Notary Public in and for the State of Texas day of Encroachment on Easement Page 3 or 23 GRANTEE: CITY OF FORT WORTH By(; Jesica McEachern Assistant City Manager APPROVED AS TO FORM AND LEGALITY: WS City Attorney CONTRACT COMPLIANCE MANAGER: ATTEST: ette Goodall Secretary U 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: K a n d i c e erric c q ---� Contract Compliance Manager- �i ACKNOWLEDGEMENT THE STATE OF TEXAS ,AJ ' COUNTY OF TARRANT § BEFORE ME, the undersignec]Aauthority, a Notary Public in and for the State of TEXAS, on this day personally appeared\\ , Assistant City Manager of the CITY OF FORT WORTH, luiown 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 CITY OF FORT WORTH and that she executed the same for the purposes and consideration therein expressed and, in the capacity, therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20 Notary Public in and for the State of TE sN01ary ,"u:>'. . t !exaS 4 =m' Comm. E,: . , 12-2,027 ,i��°�r +` Notary I( %i/.47197 KATHLEEN BRADFORD Pu State of Texas :Notary blic, Comm. 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TEXAS 0) -4 L Encroachment on Easement Page 18 of 23 Al A I ga 1 -7 a TV, Ilia F �7 kt 12 9X § , C) 07 tz L----------- ------------------------ L ---- Ch M TRADITION =1 CiVijGM NORTH PHASE 6B FORT WORTH, TEXAS � A2--. Encroachment on Easement Page 19 of 23 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 §1926.1408 at all times. Equipment shall not be placed within fifteen (15) feet of the Oncor 138,000 volt or less power Encroachment on Easement Page 20 of 23 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" rneans 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 Encroachment on Easement Page 21 of 23 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 seg., the Federal Water Pollution Control Act, 33 U.S.C. §1251, et sec ., 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 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-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. 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 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 Encroachment on Easement Page 22 of 23 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. Encroachment on Easement Page 23 of 23 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tradition Ph.9C - Oncor Encroachment on Easement Subject of the Agreement: Tier II ROW Encroachment M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No B If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No B If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: If dierent from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No N *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: if applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No 8 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.