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HomeMy WebLinkAboutContract 39052CONTRACTENp �.�t ENCROACHMENT AGREEMENT Regarding South Jennings Street) STATE OF TEXAS COUNTY OF TARRANT 0 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 Hospital District, d/b/a. JPS Health Network, hereinafter referred to as "Grantee", Owner of the property located at 1500 S. Main Street, Forth Worth TX ("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, sidewalks and other public rights -of -way, such Improvement(s) are described as follows: consisting of tre from the Grar ildin on the Property to the Grantee's Metrowest Clinic at the corner of Hemphill St Am 4 Encroachment Agreement (S. Jennings St.) Page 1 of 11 and Allen St. with one street crossing (one bore under S Jennings St) and installation of a 4' pvc conduit in the trenching/boring. Handholes will be placed to facilitate installation. The location and description of said Improvement Cl"d the encroachment is more particularly described in Exhibit , attached hereto, incorporated herein and made a part hereof for all purposes. Grantee anticipates that the Improvements will be constructed and installed for Grantee by Contractor Connect Systems, and the construction rights and obligations of Grantee with respect to installation of the Improvements shall extend to work performed on behalf of Grantee by Contractor Connect Systems and the other contractors, if any, engaged by Grantee for the installation and maintenance of the Improvements. 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. Encroachment Agreement (S. Jennings St.) Page 2 of 11 4 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 . 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. 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 Encroachment Agreement (S. Jennings St.) Page 3 of 11 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 %J 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 1/100ths 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, unless extended by future agreement signed on behalf 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 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. Encroachment Agreement (S. Jennings St.) Page 4 of 11 9. It is further understood and agreed upon between the parties hereto that the public rights -of -way, alleys, sidewalks ("public right-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 public right -of way 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 public right-of-way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the right of way to be used for any other public purpose, including but not being limited to underground, surface of overhead communication, drainage, sanitary sewerage, transmission of natural or electricity, or any other public purpose, whether presently contemplated or not, and if there is conflict caused by the new use of the right of way with the Improvements of Grantee which cannot be reasonably remedied by Grantee, that this Agreement shall automatically terminate. 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. Encroachment Agreement (S. Jennings St.) Page 5 of 11 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, anA 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. iC! TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY Encroachment Agreement (S. Jennings St.) Page 6 of 11 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 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, TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, 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. The City requires assurances from Grantee with respect to liability insurance. Grantee is a political subdivision of the State of Texas and is subject Encroachment Agreement (S. Jennings St.) Page 7 of 11 to the Tort Claims Act of Texas and is self insured as to certain matters as more particularly described on the letter attached hereto as Exhibit B. While this Agreement is in effect, Grantee agrees to furnish and maintain during the existence of this Agreement self insurance in accordance with and at the limits set forth on Exhibit B covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A" 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. 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 attorneys 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. Encroachment Agreement (S. Jennings St.) Page 8 of 11 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. EXECUTED this c_ day of ECeff) Ivv 4^ , 20 01. City City of Fort Worth BY:_ FYNu"A,j Asst. City Manager ATTEST: City Se retary Grantee Tarrant County Hospital District, d/b/a JPS Health Network By: Nan TitIE Approved As To Form And Legality Assistant City Attorney W:\OS\08483 tchd\Documents\Encroachment Agreement (S Jennings St) 121208.doc Contr ct Authori-zatiox I�g o Encroachment Agreement (S. Jennings St.) OFFICIAL RECORD �.Rl( Page 9 of 11 TX 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 Fvw%ft * <OS- 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 � day of 20�. �rsy�J tary Public in and for the State of Texas EVONIA DANIELS MY COMMISSION EXPIRES July 101 2013 Encroachment Agreement (S. Jennings St.) Page 10 of 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 K ! �cr 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 Hospital District, d/b/a JPS Health Network, and in the capacity therein stated. �GIVEN UNDER MY HAND AND SEAL OF OFFICE this �_ day of E C_rz-m 20 01_0 DELYNNA J. POST Notary Pubiic, State of Texas My Commission Expires July 30, 2011 Encroachment Agreement (S. Jennings St.) Notary Pu is in anda6r the State of Texas Page 11 of 11 I EXHIBIT A N N s- N C E Y N 00 T w to N U ` r' C N C � 0 Ta _ m Lj cm N N 0) 1q C N N O- Q d O W m Z O � t() Ol to O C O COJ � O N O O O U ma EXHIBIT B JPS HEALTH NETWORK August 27, 2008 TO WHOM IT MAY CONCERN: RE: General Liability Coverage Tarrant County Hospital District is considered a unit of local government under the Texas Tort Claims Act, which imposes caps or limits, on the amount of monetary damages that can be recovered from the Hospital District as an entity. The applicable limits for indemnification are $100,000 per person and $300,000 per occurrence for bodily injury or death and $100,000 for each single occurrence of damages to property. The Hospital District is self -insured and has established trust funds for payment of potential general liability claims: General aggregate liability = $1,000,000.00 Personal injury, aggregate = $130007000.00 Any single occurrence = $1,0003000,00 Fire damage, any one fire = $50,000,00 Sincerely, �� \ A l Naomi . Wilson,/Manager Department of Risk Management Tarrant County Hospital District I500 South A(ain Street . Eort Wm th, Texas 76104 •817-921-3431 EXHIBIT B M&C Review Page 1 of 2 Official site oaf the City of fort Mi th, "I exas COUNCIL ACTION: Approved on 8/18/2009 DATE: 8/18/2009 REFERENCE NO.: **C-23717 LOG NAME: 06JPS BORE ENCR CODE: C TYPE. CONSENT PUBLIC HEARING: NO SUBJECT% Authorize the Execution of a Standard Encroachment Agreement with JPS Health Network Authorizing Use of the South Jennings Street Right -of -Way for the Installation of Underground Fiber Optic Cables to the Property Located at 1701 South Main Street RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a standard encroachment agreement with JPS Health Network authorizing the use of the South Jennings Street right-of-way for the installation of underground fiber optic cables to the property located at 1701 South Main Street. DISCUSSION: JPS Health Network has requested use of the public right-of-way for the installation of one four inch conduit to run fiber optic lines to its property located at 1701 South Main Street. This underground conduit will cross beneath the South Jennings Street right-of-way. The Encroachment Committee, consisting of staff from Transportation and Public Works, Water and the Planning and Development Departments has reviewed and approved the proposed bore route beneath the South Jennings Street right-of-way for this purpose. The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement will be 30 years. The subject property is in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due to the City. TO Fund/Account/Centers GG01 421232 0062000 575.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Susan Alanis (8180) David Schroeder (2239) http://apps.cfwnet.org/council�acket/mc review.asp?ID=12185&councildate=8/18/2009 9/1/2009 M&C Review Page 2 of 2 ATTACHMENTS Jennings -Bore Model 1).pdf http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12185&councildate=8/18/2009 9/1 /2009