HomeMy WebLinkAboutContract 26876 CITY SEC
ETAR
CON R CT NO.Y o26 9�6
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 Texas Christian University
acting herein by and through its duly authorized vice Chancellor for Finance
and Business, Carol N. Campbell
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 occupy portions of the space under, on and/or above
the streets, alleys, sidewalks and other public rights-of-way as follows:
Two 20 " bores and one 16" bore under South University Drive. The 20" bores
will contain a 12" chilled water line and the 16" bore will contain a V
domestic water line. The center of first bore will be approximately 662 ft
south of the southwest curb of West cantey and South University Drive.
The second bore will be 665 ft from the same point. The third will be
668 ft from the same Point.
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Legal Description: The bore will start 662 ft south of the northeast
corner of Lot 1, Block 2 of the TCU addition and cross under South University
Drive and connect to Lot 1-R-1, Block 3 of the University Place addition.
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
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.
3.
Upon completion of construction 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".
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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
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
Four Hundred Fifty Dollars and No/100 Dollars ($450.00 ),
7.
The initial term of this agreement shall be thirty (30) years, commencing
on the date this agreement is executed.
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.
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, 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 other rights-of-way to be used for any other
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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 encroachments 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; 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
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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 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 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.
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15.
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.
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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 City,
and any attempted assignment without such prior written approval shall be void.
19.
This agreement shall be binding upon the parties hereto, their successors
and assigns.
EXECUTED this ist day of May , 20 01 .
CITNikeGroomer,
T%RTH, GRANTOR TEXAS CMISTIAN UNIVERSITY ,GRANTEE
By: By: 44-06Z A�
sst. City Manager Carol N. Campbell, Vic Chancellor for
Finance and Business
ATT APP EDA�TOORM AND LEGALITY
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City ecreta City Attorney
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Date: Contract Authorization
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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 Mike Groomer ,
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 ?15� day of
PATRICIA A GARCIA NOTARY PUBLICState of Texas ota6 av ��A
Public in and for the
'FoF ' Comm. Exp,03-31-2005 State of Texas
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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 Carol N. Campbell
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 ist day of
May ' 2001
000c000000oo Doo ooro Notar)/PuLllic in and for the
KAY A. WESTENDORF State of Texas
Notary Public,State of Texas
.i' MY My Commission Exp,09-06-2002
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CERTU CATs NUaseR
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND[CONFERS
Marsh USA Inc. NO RIGHTS UPON TRE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDPO IN THE
1601 Elm Street POLICY.THIS CER71RCATI DOES NOT AMEND,EXTINO OR ALTER THE C0VERA0E
2100 Thanksgiving Tower AFFORDED BY THE POLICMS DESCRMED HEREIN.
Dallas,Texas 75201 COMPANIES AFFORWNG COVERAGE
Sandra Michael 214-785$525 COUPANY
A UNITED EDUCATORS INS RET.GRP_
INSURED COrAPANY
Texas Christian University B NIA
Jill Laster
Assoc.Vice Chancellor COMPANY
TCU Box 297120 C
FOR Worth,TX 76129
COMPANY
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THIS 13 TO CERT"THAT POLICIES OF WSURANCL' OESCRIBEO HEREIN HAVE GM ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD W ICATED.
NOTWRHSfANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITM RESPECT TO WHICH TME CERTIFNG►TE MAY BE LRS=i OR MAY
PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEAFJN IS SUBJECT TO ALL THE TERMS.CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMIT SMWN
IMAY HAVE BEEN R&DWED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICYNUaf3ER POLICY EFFECTIVE POLICY EXPIRATIONLug
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A GENERALLIMUTY CGLO102106 06/01/01 08/01/02 Gfg,: AGGREGATE 8 uoo,000
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CLANS MADE �OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNERS a CONTRACTOR'S PROT EACH OCCURRENCE 1,000,000
FIRE OAMAG6(Any one No)
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AUTOM001tEUABILITY COMBINED SINGLE LIMIT $
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DESCRIPTION OF OPERATIONSAACATIONSNEHICLMPECIAL ITEMS(LEMS MAY BE SUBJECT TO DEDUOIDO B OR Rt:TENTION$)
RE Brite Housing and Brachman redundant communication(cop construction at locations of 3533 Beflaira Drive North,Alley bounded by 3533 89 acre Drive
North and 3532 Kent Street and 2800-2800 Blocks of Lowden,crossing Lubbock,Merida and city alleys,
;`• ' LY S —r' --'c.'r:�_ ;: iv s sem.
9HOVLD ANY OF THE P0.CI£9 CESCIbt1ED PFAF►J BE GANCHLLT*D eEFOAC THi G7(PfLTgM Tle THEREOF.
Tip IMSUREA AFFOR000 COYERAW V&L EIOFAVM TO MAR DAYS WWrreN OTCE TD THQ
City Of Fort Worth.TX CCRTFMIS HOLDER NAMED HLVA.BUT FALUFM TO MAI.SVC"LAM"$KkU WM No TION OR
Attn:Jim Miller
Dept.of Devefopment LMHJTY DP ANY RIND UPON"r suRER AFFOADW4 W%aRACS.RS AGENn OR REDRE
1000 Thmckmorton SL
Fort Worth.TX 76102 aARSH LISA INC. `` ■■e e"
gy: Sally H Diflenback cdaga 44•
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City of Fort Worth, Texas
"floor And Council communicalflon
DATE REFERENCE NUMBERLOG NAME PAGE
6/12/01 **C-18615 061NSTALL 1 of 1
SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - CONSENT AGREEMENT WITH TEXAS
CHRISTIAN UNIVERSITY AUTHORIZING INSTALLATION OF THREE CONDUITS
UNDER THE 2900 BLOCK OF SOUTH UNIVERSITY DRIVE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a standard consent
agreement with Texas Christian University authorizing use of the right-of-way to install conduits under
2900 South University Drive.
DISCUSSION:
Texas Christian University, through its Vice Chancellor for Finance and Business, is requesting
permission to bore under the 2900 block of South University Drive to install three conduits. These
conduits will contain two chilled water lines and a domestic water line to provide services to buildings
across the 2900 block of South University Drive.
The Encroachment Committee has reviewed this request and is recommending approval.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT , CITY SECRETARY
Office by: (to)
APPROVEDy
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
JUN 12 2001
Bob Riley 8901 (from)
Additional Information Contact: llSe
City Secretary of We
City of Fort W Tth,Texas
Bob Riley 8901