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HomeMy WebLinkAboutContract 33872 E' SEC 9ETARY �.Ot�JTRACT NO. C ENCROACHMENT AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City", and Cook Children's Medical Center ,p acting herein by and through its duly authorized y1l� ,lieu / s�'�-�c hereinafter referred to as "Grantee", Owner of the property located at ("Property"). WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to construct/ install and/or allow to remain, Improvement(s) ("Improvement") that encroaches upon, uses and/or occupies portions of the space under, on and/or above the streets, alleys, i :4 T �!�C sidewalks and other public rights-of-way, such Improvement(s) are described as follows: Fiber optic cables in ductile iron casing pipe crossing two alleys and Pulaski Street bound on the north by West Humbolt Street,on the west by 7th Avenue,on the south by Rosedale and on the east by 6th Avenue. The location and description of said Improvement and the encroachment is more particularly described in Exhibit "A", attached hereto, incorporated herein and made a part hereof for all purposes. 2. All construction, maintenance and operation in connection with such Improvement, use and occupancy shall be performed in strict compliance with this Agreement and the Charter, Ordinances and Codes of the City and in accordance with the directions of the Director of Transportation and Public Works of City, or his duly authorized representative. All plans and specifications thereof shall be subject to the prior written approval of the Director of Transportation and Public Works, or his duly authorized representative, but such approval shall not relieve Grantee of responsibility and liability for concept, design and computation in preparation of such plans and specifications. N 9 U�G1.o 3. Upon completion of construction and installation of said Improvement and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, sidewalks and other public rights-of-way involved, except as described herein and shown on the hereinabove referred to Exhibit"A". 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment use and occupancy, including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by the Director of Transportation and Public Works of the City, or his duly authorized representative. 5. City may enter and utilize the referenced areas at any time for the purpose of installing or maintaining improvements necessary for the health, safety and welfare of the public or for any other public purpose. In this regard, Grantee understands and agrees that City shall bear no responsibility or liability for gs .0 3 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. 6. In order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed a fee in the sum of: Five Hundred, Thirty-five and no/100 Dollars_($535. 00). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. 8. Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public right-of-way and remove the Improvement encroaching into the public right-of-way, to a condition acceptable to the Director of Transportation and Public Works, or his duly authorized representative, and in accordance with then existing City specifications. It is understood and agreed to by Grantee that if this Agreement terminates because the Business ceases to operate and Grantee fails to remove the Improvement, Owner hereby gives City permission to remove the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 4 9. It is further understood and agreed upon between the parties hereto that the City streets, alleys, sidewalks and other public rights-of-way, including the portions of such streets, alleys, sidewalks and other public rights-of-way to be used and encroached upon as described herein, are held by City as trustee for the public; that City exercises such powers over the streets as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing body of City should at any time during the term hereof determine in its sole discretion to use or cause or permit the said portions of the streets, alleys, sidewalks and other rights-of-way to be used for any other public purpose, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, then this Agreement shall be automatically canceled or terminated. 10. Grantee understands and agrees that the granting of any encroachment hereunder is not meant to convey to Grantee any right to use or occupy property in which a third party may have an interest, and Grantee agrees that it will obtain all necessary permission before occupying such property. , L}'✓`1 UuU� U ZY, 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Improvement, encroachment and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this Agreement or by any federal, state or local statute, law or regulation. 13. Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City and Grantee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 6 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID IMPROVEMENT AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While this Agreement is in effect, Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $500,000 with the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amounts immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least ten (10) days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as attached as Exhibit "B". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractors. 16. Grantee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Consent Agreement in its entirety in the deed records of Tarrant County, Texas. 8 After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas 17. In any action brought by the City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of the City Manager or designee. Any attempted assignment without prior written approval will be void. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 9 EXECUTED this&"'day of , 20 G4 C-14]t-Pk&/V S CITY OF FORT WORTH, R TORS A� ��/���- GRANTEE By: Dale Fisseler, Assist t y Mgr. ,ee.=/ 1--syele ATTEST: APPROVED AS TO FORM AND LEGALITY PC\(A City,Secretary AssCity Attorney L Fk contract Authorization Authorization — rl .1.�.. -.- —w Date 10 v �.' t "` r CITY STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dale Fisseler, 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, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN YNDER MY AND AND SEAL OF OFFICE this day of 20 Aypo MARIA S. SANCHE'Z Not Public ifi and for the NOTARY PUBLIC S : STATE OF TEXAS tate of Texas My Comm.Fxp.12-14-2009 11 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 6;erl;�.f . /l?E., <<«{e , 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, as the act and deed of i/e r• , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /f-4- day of `Yn 20 0 to. gym'"�►;��L KATHLEEN J. MADDEN t ^z Notary Public,State of Texas Notary Public in and f the My Commission Expires July 20,2008 State of Texas 12 i I I WEST HUM01-T Sr. J " k f � u F a s c �j PMASIUST. T T t i t ROSE ALEST. t i MONmr U I I J I I BLOCK 6 i 12" DIP SLEEVE j PROPOSED FIBER OPTIC NE LOTI LOT I LOT I LOT 10 I 11 I 12 I 13 10' ENCROACHMENT j i ALLEY xy EX. 8 SANITARY SEWER % l USS \ :SS--yrs _ _ _ _ _ _ _ _ \ k — — — _EX. OVERHE�4LECTRIC — —— E■•ONE cD� En()W £LONE ELONE--�-Ex.0 HE--- , i 274.0' 201.0' \ \ TO R.O.W. OF 7TH ST. TO R.O.W. OF 6TH ST. \ EX. 6' STORM SEWER FL= 611.8± \ PROPOSED 12" CONDUIT FL= 607.8 I \ \\ LOT j 29 I �� EX 6' STORM SEWER CABLE BOX \\ BLOCK 6 LOT LOT 31 32 ! I i f EXHIBIT 'A' Aikemo-DunawayCOOKS CHILDREN CONDUIT Associates, L.P. I '501MwftWCktKSureIW335 FartWaSi,TXMOT PAGE 2 OF 3 ; Tat 181-n 335.1121.Fec(m my Seale: 1"=10' DATE: JUNE 30, 2006 i i a i WEST HUBR MT ST, j i �y1 �yI S 2 i } a a , m PUL4SMST. ROSEDALE ST. VIamTY M (( FUTURE CABLE BOX F BLOCK 5 1 1 I 4 I I I 6 PROPOSED FIBER OPTIC UNE I t LOT LOT LOT 4 5 6 itis.3'i I EXISTING CABLE BOX i 0 R.O.W. OF 17TH ST. I I S 12" DIP SLEEVE 1 EX. W SANITARY SEWER FL= 635.54± ALLEY PROPOSED 12" CONDUIT FL= 631.0 I EX. 8" SANITARY SEWER cm i -E—S9 Ex.55— EXES------ / 10' ENCROACHMENT 1 EX. OVERHEAD ELECTRIC Ex OHE ELOHE Ex DHE Ex.01, Ex OHE Ex.OHE Ex OHE 4 fr PROPOSED FIBER OPTIC LINE LOT i i LOT I 23 I LOT � ( 25 I 24 f+ f BLOCK 5 \ k F� i{ } 44% Dunaway �'9`�" EXHIBIT 'A' COOKS CHILDREN CONDUIT Associates, L.P. �+,� � 1501 MKitm ardo,SOW 100,Fat Wadi,TX 78107 I Tet(al 7)335-1121,FSX(817)W5.707 PAGE 3 OF 3 i Scale: I"=10' DATE: JUNE 30, 2006 ? E ACORD*m CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDLY"6/13/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY MARSH MANAGEMENT SERVICES AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CAYMAN LTD. CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE P. O.BOX 1051 GT AFFORDED BY THE POLICIES BELOW. FIRST CARRIBEAN HOUSE,3RD FLOOR GRAND CAYMAN,CAYMAN ISLANDS INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A COOK CHILDRENS INDEMNITY COMPANY NIA COOK CHILDREN'S HEALTH CARE SYSTEM INSURER B- 801 SEVENTH AVENUE INSURER C: FORT WORTH,TX 76104 INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "SRPOLICY NUMBER POLICY EFFECTIVE POLICY LTR TYPE OF INSURANCE LIMITS GATE(MI&DONY) EXPIRATION DATE (MMODNY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIALGENERAL UABLITY FIRE DAMAGE(Anyone Are) $ 50,000 LAIMS MADE "'"cuR CCICGL200506 10/01/2005 10/01/2006 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 GENERAL AGGRE GATE LIMTAPPLIESPER PRODUCTS—COMPIOP AGO $ 5,000,000 DUCY ROJECT OC AUTOMOBILE LURBILITY COMBINED SINGLE LIMIT(Ea S N/A ANY AUTO accident) ALLOWNED AUTOS N/A NIA NIA BODILYINJURY $ NIA SCHEDULED AUTOS Per person) HIRED AU TOS BODILY INJURY $ N/A NON-OWNED AUTOS (Peraccident) PROPERTY DAMAGE $ N/A Per accident) GARAGE LIABILITY AUTOONLY—EAACCIDENT S N/A ANY AUTO NIA N/A N/A OTHER THAN EAACC S NIA AUTO ONLY: AGG 5 XCESS LIABILITY PROFESSIONAL LIABILITY $ N/A AGGREGATE TTT-------��� CCUR �CLAMS MADE NIA NIA NIA GENERALLIABILITY $ N/A AGGREGAT $ NIA EDUCTIBLE $ N/A ETENTION $ N/A RICERS COMPENSATION AND WC STATU- 5TH MPLOYERS'LIABRITY TORY LIMITS ER NIA NIA N/A E.L.EACH ACCIDENT $ NIA E.L DISEASE—EA EMPLOYEE $ N/A E.L DISEASE—POUCY LIMIT $ N/A OTHER DESCRIPTION OF OPERAnONSAOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORESEMENTISPECIAL PROVISIONS RE ENCROACHMENT AGREEMENT TO INSTALL CONDUIT UNDER PULASKI STREET AND(2)ALLEYS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1000 THROCKMORTON STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL FORT WORTH,TX 76102 iAPOSE NO OBUGATION OR LMBI_HY OF ANY /ONO UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHOR(ZED REPR ESENTAT7VE ACORD 26-S(7197) I 1 1 h 1� @ACORD CORPORATION 1988 . _V1� %iC eL 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/11/2006 DATE: Tuesday, July 11, 2006 LOG NAME: 06PULASKI COND REFERENCE NO.: **C-21543 SUBJECT: Authorization to Enter into an Encroachment Agreement with Cook Children's Medical Center Authorizing Use of the Right-of-Way for Underground Conduits in the 1400 Block of West Pulaski RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Encroachment Agreement with Cook Children's Medical Center authorizing use of the right-of-way for underground conduits in the 1400 block of West Pulaski Street and the alley to the north and to the south of 1400 West Pulaski Street. DISCUSSION: Cook Children's Medical Center, through it's engineer, Dunaway Associates, L.P., is upgrading its computer system to provide an offsite/back-up location to the main server and system located on the north end of the campus. The back-up location the hospital has chosen is their empty parking lot to the north of Rosedale and adjacent to 6th Avenue. This plan will allow sufficient room for mainframe computers (on trailers) to be installed while the primary server location is repaired and brought back on-line. To accomplish this task, it is necessary to install a pair of fiber optic bundles from the existing termination point north of the alley between West Humbolt and Pulaski (between 6th Avenue and 7th Avenue south across the alley, across Pulaski Street) and across the alley between Pulaski and Rosedale. The Department of Transportation/Public Works has the following comments: Conduit must be a minimum of 42-inches below street surface and a minimum of 36-inches from any City water, sanitary or storm sewer facility. Contractor must meet all City requirements and obtain a permit prior to starting construction. The Encroachment Committee has reviewed this request and is recommending approval. The conduits will be in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Cid Manager's Office by. Dale Fisseler (6140) Originating Department Head: Bob Riley (8901) Logname: 60SOUTHWEST Page 1 of 2 Additional Information Contact: Bob Riley (8901) Logname: 60SOUTHWEST Page 2 of 2