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HomeMy WebLinkAboutContract 35678 CITY SECRETARY\ t CONTRACT NO. 1 CONSENT 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 Tarrant County acting herein by and through its duly authorized B. Glen Whitley, County Judge hereinafter referred to as "Grantee". WITNESSETH : 1. For and in consideration of the payment by Grantee of the application charge set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to encroach upon, use and/or occupies portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way, as follows: TL MIN � . 2-R2 Item 1. Manhole and Underground Vault and boring and IT conduit under Belknap Right of Way (sidewalk) on Northwest side of 100 W. Weatherford (Tarrant County Courthouse) Future Work: Item IF. Underground Vault boring and IT conduit under Belknap Right of Way (streets and sidewalk) from vault on Northwest side of 100 W. Weatherford (Tarrant County Courthouse) to Southeast side of lot 2 portion of 100 W. Belknap (Paddock Park west of Charles Tandy Statue) Item 2F. Boring and IT conduit under Houston Street from north side of 110/114 W. Belknap (Paddock Park) to east side of 305 Franklin (Tarrant County parking garage) The location and description of said 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 encroachment, use and occupancy shall be performed in strict compliance with this 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. 3. Upon completion of construction and thereafter, there shall be no encroachments in, under, on or above the surface area of the streets, alleys, 2 R P;,7 3 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and/or 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, City shall bear no responsibility or liability for 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 3 4 incurred or might incur as a result of the construction or maintenance of the encroachments and uses provided for by this Agreement, Grantee agrees to pay to City at the time this Agreement is executed an application charge in the sum of Five Hundred Thirty Five Dollars ($ 535.00). 7. The initial term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. 8. Upon termination of this Agreement, for any reason whatsoever, Grantee shall, at the option of City and at no expense to City, restore the public right-of- way and adjacent supporting structures 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. a. It is further understood and agreed upon between the parties hereto that the city street, alleys, sidewalks and other public rights-of-way including the portions of such streets, alleys, sidewalks and any 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, 4 5 to wit, its City Council 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 public 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, that this Agreement shall be automatically cancelled 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. 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 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 5 6 an officer, agent, servant or employee of City; that 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; that 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 SHALL TO THE EXTENT AUTHORIZED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, 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 ENCROACHMENT AND USES GRANTED HEREUNDER; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. 6 ` � �r � '� 7 15. Grantee is a governmental entity and is self-insured to the extent of its liability under the Texas Tort Claims Act. 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. After being so recorded, the original hereof 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 and any attempted assignment without prior written approval shall be void. 19. This Agreement shall be binding upon the parties hereto, their successors and assigns. 7 EXECUTED this a AaY of , 2007. City of Fort Worth, Grantor Tarran County, Grantee / 2 - By. By: Dale Fisseler, Asst. City Manager Name: B. Glen Whitley Title: County Judge ATTEST: Approved As To Form and Legality C\C\ City Secre ry Assistant City Attorney 0 /�r) � Contrac'�I ut x zatio - _ i' Pat@ 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. ITT GIVEN UNDER MY HAND AND SEAL OF OFFICE thisL#v day of ,2009 ANA L.t3RISENex Notary Public,State of Texas My Commission Expires March 07,2011 otary Public in and for the State of Texas 9 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 B. Glen Whitley 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 Tarrant County and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of �hA 120 o /J 7 PY P Notary Public in and for the State ��GRACE +�. 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Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/3112007 DATE: Tuesday, July 31, 2007 LOG NAME: 06COURTHOUSE REFERENCE NO.: C-22281 SUBJECT: Authorization to Enter into Encroachment Agreements with Tarrant County Authorizing Use of the Right-of-Way for the Boring and Installation of Chilled Water Lines and Fiber Conduit across West Weatherford, West Belknap, and West Houston Streets as Part of the Tarrant County Courthouse Renovation RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into standard encroachment agreements with Tarrant County for the purposes of allowing street boring and installation of chilled water lines and IT conduit for the Tarrant County Courthouse renovation project. DISCUSSION: B. Glen Whitley, Tarrant County Judge, has requested the use of the right-of-way for the boring and installation of chilled water lines and information technology (fiber) conduit. This is being requested as part of the ongoing Tarrant County Courthouse renovation project. IT conduit will be bored underneath Houston Street from the north side of 110 West Belknap to the east side of 305 Franklin to service the Tarrant County Parking Garage. Chilled water lines and the fiber conduit will be bored underneath Weatherford Street to extend services from 100 West Weatherford (Tarrant County Courthouse) to 100 East Weatherford (Tarrant County Administration Building) A manhole, an underground vault, and bored fiber conduit shall be placed under Belknap and adjacent sidewalks from the northwest side of 100 West Weatherford (Tarrant County Courthouse) to the southeast side of 100 West Belknap (Paddock Park west of Charles Tandy Statue). The site plans have been reviewed and approved by staff in the Planning & Development Department, Water Department, and Transportation and Public Works Department. A possible future phase of this project may include an additional fiber conduit to be bored underneath Belknap Street to extend lines from 100 West Weatherford (Tarrant County Courthouse) to the southeast side of 100 West Belknap (Paddock Park -west of the Charles Tandy statue). However, this portion of the project is still conceptual and the project's project manager and David Phillips,Tarrant County Director of Facilities Management, are working with the City's Parks and Community Services Department to meet their requirements for Paddock Park if this phase of construction occurs. Although alternatives are being explored, a separate M&C will be required for the park trenching if necessary as required to be in accordance with Texas Park and Wildlife Code Chapter 26. This property is located in COUNCIL DISTRICT 9. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/27/2007 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM F u nd/Accou nt/C enters Submitted for City Manager's Office by: Dale Fisseler (6140) Originating Department Head: Fernando Costa (8042) Additional Information Contact: David Schroeder (2239) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/27/2007