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HomeMy WebLinkAboutContract 33462 CITY SECRETARY G CONTRACT NO . 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 Texas Christian University acting herein by and through its duly authorized Associate vice Chancellor for Facilities hereinafter referred to as "Grantee", Owner of the property located at 3051 Odessa Avenue,Ft 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, 04-27-05 P12 : 46 I N ', . ci'J:uTt� J�vao sidewalks and other public rights-of-way, such Improvement(s) are described as follows: Bore under street to install a fiber optic data cable in PVC conduits that crosses Odessa Avenue (east-west direction) and a four inch irrigation water line at a location about 26 feet south of Bellaire Drive North curb line. The data line will connect security cameras and emergency phone post. The irrigation line is needed to expand the landscape program. All damaged street and curbs and gutter will be repaired. Street barricade 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. z i 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 37,77 Iry 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. 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 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 7 T" T' described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $1,000,000 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 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 o& EXECUTED this 2 day of , 20 as- . CITY OF FORT WORTH, GRANTOR Tei Christian University, GRANTEE /I DalelFisseler, Assistant City Mgr. Willett R. Stallwor-th,P.E., Assoc Vice Chancellor,Fac ATTEST: APPROVED A TO FORM AND LEGALITY City Secret '\5s A a,,k ' y Attorney Contract Authorization Date 10 STATE OFTEXAS § 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. f11— GIVEN UNDER MY HAND AND SEAL OF OFFICE this �7 day of 20 06 . Q�a y Public in(9d for the 110-7 trS e of Texas '\/ 1 1 STATE OFTEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Willett R. Stallworth , 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 Texas Christian University and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �1 day of `i C-c YN 2005 . Notary Public in and for the State of Texas - ,,,gllllp DEBRA LEE KEESE Notary Public,State of Texas My Commission Expires F January Ob,2009 12 EXHIBIT BELLAIRE DR. N. �2 NEW 3 IN. CONDUITS FOR DATA 1 4 IN. SCHED. 40 IRRIGATION LINE APPROX. LOCATION OF BORE EXISTING 26'-0" - S.D. INLET APPROX. I ❑ i B \ LOT 6 BLOCK 8 FOREST PARK ADD. 3051 ODESSA AVE. EXISTING PROPERTY LINE PARKING LOT - - - - t2 3301 BELLAIRE DR. N. = Q U PARKING LOT a I (n m W00 © LOT 5 BLOCK 8 O - FOREST PARK ADD. 3055 ODESSA AVE. N b PROPERTY LINE d s a m TEXAS CHRISTIAN UNIVERSITY TELEPHONE CABLE SITE PLAN ON ODESSA AVE. FORT WORTH TEXAS 76129 R PREPARED BY APPR _ X � ] r 7i SC•d1LE. 1" 20`-0' �'� A. ROBINSON N PROJECT N0. PROJECT ^ g NEW TE EPJ N)�- CABLE LIN5 T r REV: DATE: 10/2 ITT I OF 1 Y A a_ Ex►-iIgir "g " F— MARSH CERTIFICATE OF INSURANCE CERTIFICATE CERTIFICATE NUMBER HOU-000668118-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Attn:Maria Martinez(214)303-8502 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE Marsh USA Inc. POLICY.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 4400 Bank One Center AFFORDED BY THE POLICIES DESCRIBED HEREIN. 1717 Main Street Dallas.TX 75201 COMPANIES AFFORDING COVERAGE COMPANY A UNITED EDUCATORS RISK RET.GROUP INSURED COMPANY Texas Christian University B N/A Jill Laster Assoc.Vice Chancellor for Administrative Services COMPANY TCU Box 297120 C N/A Fort Worth,TX 76129 COMPANY D N/A COVERAGE$ This certificate supersedes and replaces any previously issued certificate for the policy period noted below, 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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. c0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDD/YY) DATE(MWDD/YY) A GENERAL LIABILITY CGL 200500070600 06/01/05 06/01/06 GENERAL AGGREGATE $ 3,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ CLAIMS MADE Fx—]OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 300,000 MED EXP(Any oneperson) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ ( NON-OWNED AUTOS Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION ANDA - H EMPLOYERS'LIABILITY TORY LIMITS ER EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ HER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS Re:Trench and install conduit under Odessa Avenue, 15 feet south of Bellaire Drive curb line. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_ 0 DAYS WRITTEN NOTICE TO THE City of Fort Worth 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 REPRESENTATIVES,OR THE 1000 Throckmorton St. ISSUER OF THIS CERTIFICATE. Ft.Worth,TX 76102 MARSH USA INC. By: William Hines Gt.�i+i ..o► MM1(3102) VALID AS OF: 12/12/05 M&C Request Review Page 1 of 1 r�eFIL&A ML A It *61M ! Home I Council Ageoda I 94&C I Employee Dkechwy I 14*rnkbg Rwort I Ads I PRS I IT OnlkW I Departm uts I Site Map Print M&C COUNCIL ACTION: Approved on 3/28/2006 DATE: 3/28/2006 REFERENCE NO.: **C-21363 LOG NAME: 06ODESSA COND CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorization to Enter into an Encroachment Agreement with Texas Christian University Authorizing Use of the Right-of-Way for Data Conduits and Water Irrigation Line at 3051 Odessa Avenue RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Encroachment Agreement with Texas Christian University for use of the right-of-way for installation of data conduits and water irrigation line at 3051 Odessa Avenue. DISCUSSION: Jesus Rangel, Jr., Project Manager for Texas Christian University, is requesting authorization to use the right of way for installation of data conduits and water irrigation line at 3051 Odessa Avenue. In order to prevent cutting of the street, the plan is to bore under the street for the installation. TCU is proposing to construct a new parking lot with security cameras and an emergency telephone post. The data lines are needed to connect the cameras and phone to existing TCU networks. The irrigation is needed for the proposed parking lot landscaping. The Encroachment Committee has reviewed this request and is recommending approval. The encroachments 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 (6266) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) ATTACHMENTS TCU-OdessaWabashParkSite-1.pdf TCU-OdessaWabashParkSite-2.pdf http://www.cfwnet.org/council_packet/mc review.asp?ID=5497&councildate=3/28/2006 4/27/2006