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HomeMy WebLinkAboutContract 34838; , i �61 'Y ���f����4R�' ���0 ��N i R,qCT NO . STATE OF TEXAS ENCROACHMENT AGREEMENT � COUNTY OF TARRANT § THIS AGREEM�NT 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 Texas Christian University acting herein by and through its duly authorized Associate vi�e Chancellor for Facilities hereinafter referred to as "Grantee", Owner of the property located at 2800 Bowie Street ("Property") WITNESSETH: 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, 1 ,e ,, ,� �. « i; fI��N���,=:�1 '1i�5�v'�J��•�' V �-' r' �P" .,i� G� G �C�ji1 ��\�/R v'J'� `l� ��'4l; I� U L-�� 1� U � 'J U� '?;':i:��i',1i��ll�� ������' � � sidewalks and other public rights-of-way, such Improvement(s) are described as follows: Temporarily construct a ten feet in width and seven feed deep trench to bury two new 20 inch chilled watPr lines __ _,, _ to feed a new central utility plant on the east side of campus. The cut will be north to south across Bowie Street just west of Lubbock Street as shown on the attached drawings. Street barricades and signs will be used to re-direct traffic. 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 ,�,s 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. 2 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". � 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 3 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. Q 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. � 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 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. s 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. �F'i 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. s After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth, Texas `FI 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. � 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. `El THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. � This Agreement shall be binding upon the parties hereto, their successors and assigns. 9 EXECUTED this ��day of `..1,�� � , 20�. CITY OF FORT WORTH�_G �NTOR , GRANTEE / � By: k�� �! � `� �'�-� By' �;��1� Dal Fisseler, s istant City Mgr. wi ett x. staiiworth, P.E. Associate Vice Chancellor for Facilities ATTEST: APPROVED AS FORM AND LEGALITY � � �'rvu City Se etary assi s�-��' City A ����� � � Cantract Au�ho�iz�#:io�. i�a�e �, 2]. j � �:'�f9��J� �p�-S,l�:;i,r,1n1 „i (.�I� )�i�Vl%. ''J 1� �r: �v��j�j �;i���o��`r /al��p,9 � U ��y :?i.`:�l'c�`I�iU � R J a .: �✓'t,. L'f1, � �1�.��, __.�-__F.,_-__�.v_— z_ . J 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. 1 s GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of �U , 20�. ' z �,<<hRYv�B�� MARIA S, SANCHEZ �� �k NOTARY PUF3LlC STH7� OF T�XAS ��"'F aF t���y My Comm, �xp.12•14•2009 11 , . r No ry Public in and for the State of Texas 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 willett x. Stallworth, P.E. , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that helshe executed the same for the purposes and consideration therein expressed, as the act and deed of Texas Christian University , and Ill til2 capacity therein stated. GIVEN UND�ER MY HAND AND SEAL OF OFFICE this � day of �� c��,� , 20 (�(� . � ���L C J ��. ���'� . � Notary Public in and for the State of Texas ``po;�N,Y!G��q DEBRA LEE KEESE ; '. =?;' ��' ;: Notary Public, State of Texas ;,N., :., ` My Commission Expires �����FOF�t���`` January 06, 2009 �/�1111��� 12 (�j��,�� H CERTIFICATE OF INSURANCE CERTIFICATENUMBER HOU-000683239-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OP INFORMATION ONLY AND CONFERS Attn: Maria Martinez (214) 303-8502 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVI�ED IN THE MBfSFI USA If1C. POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 4400 Bank One Center AFFORDED BY THE POLICIES DESCRIBED HEREIN. 1717 Main Street COMPANIES AFFORDING COVERAGE Dalias, TX 75201 COMPANY A UNITED EDUCATORS RISK RET. GROUP INSURED COMPANY Texas Christian University B N/A Jill Laster Assoc. Vice Chancellor for Human Resources COMPANY & Risk Management C N/A TCU Box 298200 Fort Worth, � 76�29 COMPANY D N/A COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTW ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENER4L LIABILITY CGL 200500070600 06l01/05 OB/O"I/OB GENER4LAGGREGATE � 3,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $ �,OOO,OOO OW NER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 'I ,OOO,OOO FIRE DAMAGE (Any ane fire) $ 300,000 MED EXP (An one erson) $ 5,��� AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNEDAUTOS . (Peraccidenl) PROPERN DAMAGE $ GARAGELIABILITY AUTOONLY-EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: � EACH ACCIDENT � AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLAFORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIA8ILITY TORY LIMITS ER � EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT � PARTNERSlEXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Chilled water and electric bank construction: 2800 Bowie Street, Fort Worth, TX Construction Site: Crossing Bowie Street about 100 feet west of Lubbock Ave. CERTIFICATE HOLbER CANCELLATION SHOULD ANY OF hiE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE hiE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVER4GE WILL ENDEAVOR TO hWIL _.� DAYS WRITTEN NOTICE TO THE Cltj� Of FOff W OfYFI CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Department of Development Attn: James F. Miller LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATNES, OR THE 1000 Throckmorton St. issueROFmisceRnFicnre. Ft. Worth, TX 76�02 MARSH USA INC. sr: William Hines Gtl�—.�. MM1(3/02) VALID AS OF: 05/05/06 C7 C./) � � O �1 C� Cn � z D G7 � _ _ .- _ . _ _- - -_ --- _� � ,� .,_. �:-- , �- T �� `- CERTIFICATENUMBER ^ �����1= :. __.�:. __...__�..��������ca���������r�a��� .. __.�_ _ _ _�-�_^..----=�_�;,���, .. ;_..��,—..:�.-�-----' "� _--" `- "'_�-'-=-=�.__.JT_— - " " -- ---_ --,..: HOU-D00689790-11 PRO�UGER THIS CERTIFICATE IS ISSl7ED AS A MATTER aF INFORhtATION ONLY AND CONF�RS Attn: Maria Martinez (214) 303-8502 NO RIGHTS UPON THE CERTtFICATE HOLD�R OTHER THAN 7HOSE PROVIDED IN THE M2fS�1 USA I(7C. POIJCY. THIS CERTIFICA7E DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 4400 Bank One Cenfer AFFORDED BYTHE POLICIES DESCRIBED NEREIN. 1717 Main Street COMPANIES AFFORDING COVERAGE Dallas, TX 75201 COIviPANY A UNITED EDUCATORS RISK RET. GROUP INSURED COtv1PANY Texas Christian Universify B N/A Jill Laster Assoc. Vice Chancellor for Human Resources COMPANY & Risk Management C N/A TCU Box 298200 Fort Worth, 7X 76129 cornpnnrr D N/A �CE?_�E�E����==�-== =� =-��Z�i ��cti�fi t� ss� ers J? .�R-_ . X �_. P��erCac`k�e��E��%vv_ __ __�'��� — - - —� �-"`, �r �€%���,r��e laues=-a� ` revzousl tssu�€���fi�eaT�fa�th� oli�. _ _� THIS IS TO CERTIFY THA7 POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POIICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMEM, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC7 TO WHICH 7HE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLIClES DESCRIBE� HEREIN IS SUBIECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS CO TYPE OF INSIIRANCE POUCY NUMBER p��CY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM1I/DD/YY) DATE (MMID61Yl� p, GENERALLIABILITY CrL 200600070500 06/01l06 06/01/07 nn GENERALirGGnc�3ATE g 3,��•.,�C� )( CAMMERCIAL GENERAL LJA8ILITY PRO�UCTS - COMP/OP AGG � CIAIMS MADE � OCCUR PERSONAL &ADV INJURY $ 'I,OOO,OOO f OWNER S& CON7RACTORS PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (An one fire $ 3��,��� MED EXP An one rson $ 5,000 AU70MOBILE LIABILTY COMBINED SINGIE IIMIT $ ANY AUTO ALLOWNEDAUTOS BO�ILYINJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY � NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE ^� GARAGE LIABILITY AUTOONLY-EAACCIDENT $ ANYAUfO OTHERTHANAUTOONLY: ' = — EACHACGDENT $� AGGREGATE � EXCESS LIABILTY EACH OCCURRENCE $ UMBREL.IA FORM A�GREGATE 5� OTHER THAN UM9RELLA FORM $ WORKERS COMPENSATION ANp WC S AT - TH = __ - EMPLOYERS'LIA91L1TY TORYLIMfTS ER ___ ': -= _� — EL EACH ACCIDENT � � THEPROPRIETORI INCL ELDISEASE-POLICYLIMI7 $ PARTNERffiEXECUTIVE � OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE � 07HER dESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL I7EMS Re: Chilled waier installation: Lowden Street between Lubbock and Greene Ave., Fort Worth, TX Construction Site: West of intersection of Lubbock Ave and Lowden Street, West of Greene Ave .. . T _ � _ =G���C;4��P��ES:�i�=�=.� : --_:;�;�=.=`-:-.— w..,�;;��> , �:_ �� , —.._.`.._..--------___ ___._. �....- =_-,._.__•---- —�:..,__,:....�..__._- :—_ ._. ���GEE�'f.IaE�=�;==� T'� . —��--��w'_=.='��=���-= SHOt1LD ANY OF THE POLICIES �ESCRIBED HEREIN BE CANCELLED BEFORE THE FJ(PIRq710N DATE THEREOF. THE INSURER AFFOR�iN6 COVERAGE WILL ENDEAVOR TO 1AAIL �p DAYS WftIT7EN NOTICE TO THE City of Fort Worth CERTIFICATE HOLOER NAh1ED HEREIN BUT FAILURE TO AfAIL SUCH NOTICE SHALI IMPOSE NQ OBLIGA710N OR Department of Development Attn: James F, Miller LIABILfTY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE RS AGENTS OR REPRESENTqTNES OR TiiE 1000 Throckmorton St iSSUER OFTHIS CERTIFICATE. Ff WOftFI, TX 76102 h1ARSH USA INC sy: Wilfiam Hines Gt�i���;� _-: =,--_:�__;::�;::::::;�__,:— =;�� = ; _ : =-�-:_=-_r_ -.:::c:-:_�:,:.:.� .=.=.T�-='. _-=_.._.--=-:,.,+_ �-::--.:. -_,-. -:�, r._,,,_ =�•<:_.— �,,:-.,._ -..:-__...�___... . _—�..—._....:..._.�.= '-'— :' . --:��-'."':�- �"-- - = =5 VALID AS F � �6/07/06 ==�= - - - -- - — = - — - - = ==�'-:::.:_.._;__;-;:=::=�= ;�:=:r:==T-=-='=----= =t. 314�2_... �. _.. 0 - .:-._:.::..._.:�...:;:.��: •=;•::�__::�-:�.:.: •:-�c-:::;.�.-:-::::.-:=:=_'_ =_�:�.�:e>:�-::�_�.�..,_-....._�..,,,_��:,—,:=.=<__:,,==_;_-:..=;�.__.._i_._.��_..._._,_,.:_>�..:::_=�r—•�_::.:.:•._......._..__._ �:._�,:.,: City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/30/2006 DATE: Tuesday, May 30, 2006 LOG NAME: 06WEST B-CHILL Page 1 of 1 REFERENCE NO.: **C-21471 SUBJECT: Authorization to Enter into an Encroachment Agreement with Texas Christian University, Authorizing Use of the Right-of-Way for Installation of Two Chilled Water Lines Across West Bowie Street Just West of Lubbock Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Encroachment Agreement with Texas Christian University, authorizing use of the right-of-way for installation of two chilled water lines across West Bowie Street just west of Lubbock Street. DISCUSSION: Willett R. Stallworth, P.E., Associate Vice Chancellor for Facilities, chilled water lines across West Bowie Street just west of Lubbock chilled water to feed a new central utility plant on the east sid Committee has reviewed this request and recommends approval. The encroachments will be in COUNCIL DISTRICT 9. is requesting permission to install two Street. This will allow transmission of e of the campus. The Encroachment FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/AccountlCenters Dale Fisseler (6266) Bob Riley (8901) Bob Riley (8901) http://www.cfwnet. org/council�acket/Reports/mc�rint.asp 1 /31 /2007 �i�"Y �f�CF��`i���' COfVTRACI' PV� � STATE OF TEXAS ENCROACHMENT AGREEMENT � COUNTY OF TARRANT § THIS AGREEM�NT is made and entered into by and between the City of Fort Worth, a municipal corporation of T�rrant County, Texas, ?cting her�in by and through its duly authorized City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City", and Texas Christian University acting herein by and through its duly authorized Associate vi�e Chancellor for Facilities hereinafter referred to as "Grantee", Owner of the property located at 2800 Bowie Street ("Property") WITNESSETH: 1. For and in consideration of the payment by Grantee of the fee set out �eiovv ar�d the irue 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, � sidewalks and other public rights-of-way, such Improvement(s) are described as follows: Temporarily construct a ten feet in width and seven feed deep trench to burv two new 20 inch chilled water lines -- _., _ to feed a new central utility plant on the east side of campus. The cut will be north to south across Bowie Street just west of Lubbock Street as shown on the attached drawings. Street barricades and signs will be used to re-direct traffic. 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. 2 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". � Grantee, at no expense to #he 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. +� 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 3 damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. C:� 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 exec�ted � fee in th� 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. � 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 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. 5 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. Gr�nte� agrees te pay pr�mptly 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, lice.nsees 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 �� 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 IMPRO!/EMENT �4MD 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 Bodily injury, per person Bodily injury or death, per occurrence $100,000 $250,000 $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. `[:� 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. g 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. � 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 � ; 200�. CITY OF FQRT W RTH, G NTOR , GRANTEE .� gy; -- ��i� �-�; gy; .c,E%ls�` Dale 'isseler, As�sistant City Mgr. wi ett x. sta lworth, P.E. Associate Vice Chancellor for Facilities ATTEST: � �.�.'� City Secretary — Cor.traG 4 Authp� �. t�� a aaa D�te APPROVED , TO FORM AND LEGALITY /-�-SS'�S «- ity Attorney 10 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 UNDER MY HAND AND SEAL OF OFFICE this ���t day of �'/I/ �. %�" �� i� , 20�. �a.PwYP�B�c MARIA S. SANCHEZ * � � NOTARY PUBLIC STATE OF TEXAS ��9Tf pp S�'*P My Comm, Exp.12-14-2009 11 Not ry Public in and for e State of Texas 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 wi�lett x. Stallworth, P.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 purpos�s and �onsideration therein expressed, as the act and deed of Texas Christian University , and IIl tfle capacity therein stated. GIVEN UND�ER MY HAND AND SEAL OF OFFiCE this � day of� �� C�,i, , 20 06 . � 0.' Notary Public in and for the State of Texas ��K1� „�m, DEBRA LEE KEESE �_` '�'': Notary Public, State of Texas My Commission Expires % ;;; �� ; �E; �'� January 06, 2009 ���� 12 �r 'C^ T � 8 _ - _ _ _ - . -_ _--_ -: . _ �����I_ = _ - ������rca��������r�a��� _ __�:�._— -=-=�, � = � :: . �__�.__. �. . _.... - =-. _=_----- �=� _ -- - - ___ . �:. .�. _ :.�.. - . CERTIFICATE NU�dBER _._..-.._.__._._.._�_._:.:....___....�-._.----�--- - - -�.:_ ...>: HOU OQ0689790-11 PROOUCER THIS CERTIFICATE IS ISSIIED AS A MATTER OF INFORh1ATI0N ONLY AND CONF�RS Attn: Maria Martinez (214) 303-8502 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE M8(Sfl USA If1C. POLJCY. THIS CERTIFICATE �OES NO7 AMEND, EXTEND OR ALTER THE COVERAGE 4400 Bank One Cenfer AFFORDEO BY THE POLICIES DESCRIBED HEREIN. 1717 Main Street COMPANIES AFFORDING COVERAGE Dallas, TX 75201 COMPANY A UNITED EDUCATORS RISK RET. GROUP INSURED COMPANY Texas Christian Universify B N/A Jill Laster Assoc. Vice Chancellor for Human Resources COMPANY & Risk Management C N/A TCU Box 298200 Fart Worth, TX 76129 COMPANY D N/A :_.-�__�--_ _ _ == = __= = =--- __ =_ _ = ---_--- -_ -_ - -- --------__-=-- _--- --- _= = _ --= -_ - _ �- � _ _ . _ ,T _ .. J ..= , _� :;�4 €F�€C��== =_'� = it���rki��f�st�3�ere�€fesan�.epi�ac�a ���ei�ousf� i�su�€����fo�t��pbli��e�Cai��i4;�€Fti�Cqv_v; ;=�_ ��= TNIS IS TO CERi1FY THAT POLIGIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR 7HE POIICY PERIO� INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 7HE CERTIFICATE lv1AY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBIECT TO ALL THE TERMS, CONDITIOtJS AND EJCCLUSIONS OF SUCH POLICIES AGGREGATE LIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS CO TYPE OF INSURANCE POUCY NUMBER Pa�CY EFFECTIVE POUCY EXPIRA710N LIMITS LTR DATE (MM/DDIYY) DATE (MMIDDlYI� p GENERALLIABILITY C�� 2006000%06Q0 06/01/06 06/�'�/�7 3,COO,�CO GEUCRALi�GGn'c�AiE g )( CAMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG � _ CLAIMSMADE � OCCUR PERSONAL&ADVINJURY $ 1,000,000 OWNER S& CONTRACTORS PROT FACH OCCURRENCE $ 'I,OOO,OOO FIRE DAMAGE (An one fire $ 3��,�0� MED EXP An one e�son $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT � ANY AUTO ALL OWNEDAUTOS BODILY INJURY $ SCHEDULED AU70S (Pe� person) HIRED AUTOS BODILY INJURY � NON-OWNEO AUTOS (Per accident) p120PERN DAMAGE � GARAGE LIABICJTY . AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHERTHANAUTOONLY: �_�' `�—= _- EACHACCIDENT $� AGGREGATE $ EXCESS LJASWTY EACH OCCURRENCE $ UMBRFJ.LA FORM AGGREGATE $ OTHER THAN tJMBRELLA FORM $ WORKERS COMPENSATION ANA WC S AT - TH _ -- _ EMPLOYERS'LJABWTY TORYLIMfTS ER _.-__"- - _- — EL EACH ACCiDENT E � THE PROPRIETOR/ �N�� EL �ISEASE-POLICY LIM1T � PARTNERSlEXECUTIVE � OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 07HER ' DESCRIP710N OF OPERA710NS/LOCATIONSNEHICLESfSPECIAl17EM5 Re: Chilled water installation: Lowden Street belween Lubbock and Greene Ave., Fort Worth, TX Construciion Site: West of infersection of Lubbock Ave and Lowden Street, West of Greene Ave - -- -- - � :..-.-�.:._.-��.�--.T,:�..�__�:_._.._-_.__:T �... .. =C���GA'��Ex:€ET�f��_'-, �—:-:����= ���� =--�� _-_= _ =��CEEL=�4TIOL�: �=:� _ � �: �-� � -�--.-- �'�:=� _?—� ~=� =_ Y SHOl1LD ANY OF THE POIICIES OESCRIBED HEREIN 0E CANCELLED BEFORE THE EXPIRA710N DAT£ THEREOF. THE WSURER AFFOROING COVERA6E \VILL ENDEAVOR TO 7Aall �p DAYS WRI77EN NOTICE TO THE Ciry of Fort Worth CERTIFICATE HOLOER NAMED NEREIN BUT FAILURE TO hfAIL SUCH NOTICE SHALL IMPOSE NO OBLIOA7ION OR Department of Development Attn: James F. Miller IU+BIUTY OF ANY KIND UPON THE INSl7RER AFFORDING COVERAGE RS AGENTS OR REPRESENTqTIVES OR THE 1000 Throckmorton St ISSUER OFTHIS CERTIFICATE. �t �/I�Offh, TX 76102 M1fARSH USA INC gy; �Ifl3lll HIf18S GL/���.� _ ___ ...._,....,:....,...: �:-..__•Y -=> ;: --._.=-_--.::,::_ _-. _.:� .:::.� .�.._->:.Y..:_ . ._.._....^,u..--� -- — -- . ... . -- _. ,:-._..>.-_.<..—".''i:__'�=-��-�`��;;;_:, ��_;-_..._....�__—...... .. �_ .- •.._<- _ - - ,...: . .-.:-:- :. ___:.:• �=: _.�=�:>-:��;_�.�� �:..:_. _.:�:�.='==- =��.=�_�_-==�.���s=�VIIY11. $I.02�--" . . ... : : VALID AS OF��O6/07/06 - - _. .__ _�_T�. _, -. _- � _�._,- _ __ _.... _...__=,__ _ _. __� •: �c-_.:::. �: _.�: :::-: :-.::_ �_:-_._, = .-. ....._-:--_�-�..-._.....-�.-._ :�--�,.:.: �-_ :._:.:._�:�,--:-�_ _-� 4:_.:_. :_.,:._.,_,,.:.,__�_,;__-..._�_..... _ ._..,.,_�..-... �:._ �,.>_: