HomeMy WebLinkAboutContract 46100 CITY SECRETAIty
RIGHT OF WAY CONTRACT NO. (�
ENCROACHMENT AGREEMENT
(COMMERCIAL)
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 its duly authorized Assistant City Manager or
Planning and Development Department Director, hereinafter referred to as the "City", and
Plaza Medical Center of Fort Worth , acting herein by and through its duly authorized
Plaza Medical Center of Fort Worth, Chief Executive Office hereinafter referred to as
"Licensee", Owner of the properties located at 900 8th Avenue, 909 9th Avenue, and 1650
Rosedale, Fort Worth Texas, 76104 ("Property").
AGREEMENT
1.
For and in consideration of the payment by Licensee of the fee set out below and
the true and faithful performance of the mutual covenants herein contained, City hereby
grants to Licensee 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:
Plaza Medical Center is seeking to place communication cables across the public street
right-of-way of Humbolt Street and Worth Street to provide connectivity between three
different building structures in the area. These current buildings are the Hospital Building
with an address 900 8th Avenue, the Day Surgery Building with an address of 909 91h
Avenue, and the Professional Office Building with an address of 1650 Rosedale Street.
These buildings are all located between 8th and 9th Avenue, being north of Rosedale
Street.
N These communication cables will be housed in an adequately sized, 4" inch, conduit
o pathway between the buildings.
CID
° The location and description of said Improvement and the encroachment is more
0
> particularly described in Exhibit "A", attached hereto, incorporated herein and made a
part hereof for all purposes.
Ui
OFFICIAL RECORD
CITY SECRETARY
2012 ROW Encroachment Agreement-Commercial FT. WORTNV TX Page 1 of 10
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 Licensee of responsibility
and liability for concept, design and computation in preparation of such plans and
specifications.
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.
Licensee, 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, Licensee 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.
2012 ROW Encroachment Agreement-Commercial Page 2 of 10
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, Licensee understands and agrees
that City shall bear no responsibility or liability for damage or disruption of
improvements installed by Licensee 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, Licensee agrees to pay to
City at the time this Agreement is requested an application fee in the sum of Three
Hundred and Twenty Five Dollars ($325.00). Upon execution of this Agreement and
annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square/linear
foot of the encroachment area.
7.
The term of this Agreement shall be for thirty (30) years, commencing on the date
this Agreement is executed by the City of Fort Worth. Provided however, this Agreement
shall terminate upon the non-compliance of any of the terms of this Agreement by the
Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty
days this Agreement shall be deemed terminated.
8.
Upon termination of this Agreement, Licensee 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
Licensee that if this Agreement terminates and Licensee fails to remove the
Improvement, Owner hereby gives City permission to remove the Improvement and any
2012 ROW Encroachment Agreement-Commercial Page 3 of 10
supporting structures and assess a lien on the Property for the costs expended by the City
to remove such Improvement.
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, that
this Agreement shall automatically terminate.
10.
Licensee agrees and acknowledges that this Agreement is solely for the purpose
of permitting Licensee to construct, maintain and locate the Improvements over or within
the described public right of way and is not a conveyance of any right, title or interest in
or to the public right of way nor is it meant to convey any right to use or occupy property
in which a third party may have an interest. Licensee agrees that it will obtain all
necessary permission before occupying such property.
11.
Licensee 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.
2012 ROW Encroachment Agreement-Commercial Page 4 of 10
Licensee 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.
Licensee 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 Licensee 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 Licensee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
14.
LICENSEE 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 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
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
2012 ROW Encroachment Agreement-Commercial Page 5 of 10
ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF
LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR
TRESPASSERS.
15.
While this Agreement is in effect, Licensee 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:
$1,000,000 Commercial General Liability
with the understanding of and agreement by Licensee that such insurance amounts shall
be revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee 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". Licensee agrees to submit
a similar Certificate of Insurance annually to City on the anniversary date of the
execution of this Agreement.
Licensee 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
Licensees' contractors.
16.
2012 ROW Encroachment Agreement-Commercial Page 6 of 10
Licensee 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
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
18.
Licensee 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.
EXECUTED this day of OL—&6Rr , 2014 .
2012 ROW Encroachment Agreement-Commercial Page 7 of 10
City Licensee
City of Fort Worth Plaza Medical Center of Fort Worth
By: By: _ Ae_?�e
` ar,dte {�air�oco� Clay Franklin
e&s;°*°^t city manner 'D`feGAo✓ Chief Executive Officer
ATTEST: Approved As To Form and Legality
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City Se re y V ORA Assistant Ct y Attorney
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OFFICIAL RECORD
CITY SECRETARY
'ORTH9 TX
2012 ROW Encroachment Agreement-Commercial Page 8 of 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 Randle Harwood, 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 3O day of
QCAn beX' , 20A.
`pv a• MARYBEL PINA
1
Notary PUNIC,State of 78XCS
,. f My commission Expires •r
September 10, 2018
aniu"
Notary a is in and for the
State of Texas
2012 ROW Encroachment Agreement-Commercial Page 9 of 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 Clay Franklin, Chief Executive Officer, 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 Plaza Medical Center of Fort Worth, and in
the capacity therein stated.
K I JEN UNDER MY HAND AND SEAL OF OFFICE this s day of
20
DONNA K BRISTER
My commission Expires
March 26,2011 Notary Public in and for the
' State of Texas
2012 ROW Encroachment Agreement-Commercial Page 10 of 10
I ROW-`ROW I
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iu ::•c Place 1-4"PVC conduit for Plaza Medical
.;;:;•;: I o I ..... I Center for 60'feet across street right-of-
0 :::;; I_ i way of Worth Street at a depth of 6.0'feet
below top of curb elevation.
a' I ofd I
Note:At proposed
crossing location,the top I
of curb elevation is 612.25
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...
612-00 — — 612.00
611.00 — — 611.00
610-00 — Oncor Electric — 610.00
Streetlight Cir cult
_�—"'� fl
Oncor
609-00 — *-'Electric — 609.00
by
of t.Worth
608-00 — �—6"waterline — 608.00
Proposed conduit to be extended on Place 1-4"PVC conduit for Plaza Medical Center for 60'
Plaza Medical Center property on both feet across street right-of-way at a depth of 78"inches
607.00 — sides of the street right-of-way below existing curb elevation. — 607.00
606-00 — — 606.00
DESIGNER: DANIEL BELSER DESCRIPTION: Place 1-4"PVC conduit across the right-of-way
of Humbolt Street at a point being 325'feet
DATE: September 17,2013 REVISED: east of the intersection of 91,Street and 310'
feet west of the intersection of 81h Street for the
PAGE: 1 of 1 FILENAME: Plaza Medical Center—Humbolt Street crossing purpose of placing communication cables for
•y y Plaza Medical Center
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EXHIBIT A
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c Place 1-4"PVC conduit for Plaza Medical
c Center for 60'feet across street right-of-
way of Worth Street at a depth of 6.0'feet
below top of curb elevation.
Note:At proposed I o l 3 E yl
a 1.5' V—
crossing location,the top I UIr 1.5' I
of curb elevation is 612.50 1.01 ... I
612.00 — — 612.00
611.00 — — 611.00
610-00 — — 610-00
619.00 — p Oncor — 609-00
f Electric
City of Ft.Worth
608.00 — 12"waterline — 608.00
607.00 — — 607.00
Proposed conduit to be extended on Place 1-4"PVC conduit for Plaza Medical Center for 60'
Plaza Medical Center property on both feet across street right-of-way at a depth of 7.5'feet below
606.00 — sides of the street right-of-way existing curb elevation. — 606.00
605.00 — — 605.00
DESIGNER: DANIEL BELSER DESCRIPTION: Place 1-4'PVC conduit across the right-of-way
of Worth Street at a point being 170'feet east
DATE: September 17,2013 REVISED: of the intersection of 91 Street and 465'feet
west of the intersection of 81h Street for the
PACE: 1 of 1 FILENAME: Plaza Medical Center-Worth Street crossing purpose of placing communication cables for
{� 0%, L' Plaza Medical Center
EXHIBIT A
Page 1 of 1
Health Care Indemnity, Inc. P.O. Box 555 Certificate of Insurance
Nashville,TN 37202-0555 Phone:615/344-
5193 Fax:855/755-0393
Health Care Email:Corp.Insurance @HCAHealthcare.com Date: 06/10/2014
Indemnity, Inc.
COI#: 16109-2014
This is to certify to: The City of Fort Worth
(Name of Certificate Holder) Department of Development
1000 Throckmorton Street
Fort Worth, TX 76102
that the described insurance coverages as provided by the indicated policy has been isued to:
Named Insured: HCA HOLDINGS, INC.AND SUBSIDIARY ORGANIZATIONS
Address: EXISTING NOW OR HEREAFTER CREATED OR ACQUIRED
ONE PARK PLAZA
NASHVILLE, TN 37202-0550
The Policy identified below by a policy number is in force on the date of Certificate issuance. Insurance is afforded only with respect to those coverages for which
a specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. This Certificate of Insurance neither affirmatively
nor negatively amends,extends or alters the coverage afforded under any policy identified herein.Coverage is excess of self-insurance.Such self-insurance is
adequately funded as verified by a Fellow of the American Society of Casualty Actuaries.
E
Effective: 1/11/2014
HC I-EX-10114-01 Expiration: 1/1/2015
s K a3 M
All
Comprehensive General Liability-
Occurrence Form
• Bodily Injury $1,000,000 Each and Every Occurrence
• Property Damage $2,000,000 Aggregate
• Products and Completed Operations
• Personal and Advertising Injury
Health Care Professional Liability $0 Each and Every Occurrence
Occurrence Form $0 Aggregate
SPECIAL CONDITIONS/OTHER COVERAGES:
The Named Insured Includes: Plaza Medical Center of Fort Worth COID: 34318
Cancellation: Should any of the above described policies be canceled before the expiration date thereof,the issuing company will endeavor to mail ninety days written
notice to the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind upon the company.
Authorized Siglature
EXHIBIT B