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HomeMy WebLinkAboutContract 26967 CONSENT AGREEME4ONTRACT ITY SECRETARY ;� f NO. _ 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 SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY, P.O. BOX 22000, FORT WORTH, TEXAS 76122 acting herein by and through its duly authorized VICE PRESIDENT FOR BUSINESS AFFAIRS 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: STREET LOCATION: TO INSTALL 1 -6" DIA. C-900 PVC PIPE FOR DOMESTIC WATER; 1 -4" DIA. PVC PIPE FOR IRRIGATION WATER; 1 -4" DIA. HIGH VOLTAGE ELECTRICAL CONDUIT(FUTURE USE); 1 -3" DIA. TELEPHONE (200 PAIR) FOR s FUTURE USE; 1 -2" DIA. PVC CABLE T.V. PIPE FOR FUTURE USE; 2 -2" DIA. PVC SPARES,AND 1 -3" DIA. PVC SPARE FOR FUTURE UTILITIES. THESE PIPES RUN IN AN EAST-WEST DIRECTION (UNDER AND ACROSS.) THE RIGHT OF WAY OF WAY 4700 BLOCK OF STANLEY AVENUE(SEE EXHIBITS"A"&"C"); 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". 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 agreemen I J'((� JQJ a ((a^,r reOPD e�s+(��}to pay V)U�U'IOAU U:'L7rl�.�D�V' to City at the time this agreement is executed an application charge in the sum of four-hundred and fifty dollars 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 uFF�Cc G L �,'E C, 5)RDD NN 4 M'��IIG�'1T I to �� !1E.T 2 11� 0 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 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. C- lA ESE�u�D ccTTf'(-EMPM,kIY 6 �� 1)V:. oyo 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. CDU' 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. I } EXECUT this `:T day of , 206 . thwestern Baptist CIOF T ORTH, GRANTOR eo is S ina ,GRANTEE By. Mike Groo er, Asst. City Manager ATTEST: APPRD S FORM AND L ALITY City Secretary, City Attorney Date: c7' ? �� Contract Authorization 7-i �7- " J'r�G�'.IS G�lS��UUSU� Date 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. l IVEN UNDER MY HAND AND SEAL OF OFFICE this / � day of 200. �P�p�a�•. ROSELLA BARNES n NOTARY PUBLIC of° . Comm.Exp.03 31 2005 Sate of Texas Notary Public in and for the '�'•� State of Texas VEER(�LIN 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 HUBERT R. MARTIN, JR. , 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 SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ay of 200 We 1A.Bidcorstaff Notary Public in and for the MIr1NIMRftoMTOKU State of Texas A 1 11111 elm 1004 OJ W 10 Exhibit A Street UtilityCrossing 9 , 4700 Block Stanley Avenue Finished street elevation 4700 Block Stanely Avenue ° 40 2"dia. Fiberoptic(12 ° a strand)for future use d°Con'Pacted Toad rock 3"dia. spare 3"dia. Telephone a ° "dia. spare 200 pair for future 4 _6 use 1/-6" 2"dia.Grey PVC cable TV for --'' 4"dia. C-900 PV fan ' Pipe for irrigation future use water 6�" Viand 4"dia.High voltage 6 6"dia. C-900 electical conduit for Sand: PVC Private :...',; future use domestic Typical section through ditch for lu�V���G'L '`EN utilities ( . o 'evi v . Exhibit B ti ACORDCERTIFICATE OF LIABILITY INSURANCE J•TE)MAIA ?i74;c:C' PADOUCE'rA I THIS CERTIFICATE SS IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg Co. ONLY AND CONFERS NO RIGHTS UROIV THE CERrRCATE 309 W. 7th St., Suite 20C HCLOER. TMIS Cc- TlF;CATE DOES NOT AJNEND. EXTEND OR FL. WCRh, TX 701C2 ALTER THE COVEOE COVERAGE AFPORD 4Y TFiE POLICIES Sacw. 31 7-820-8100 INSURERS AFFCROING COVERAGE MR INSURER A -'wm CIN !�re I Southwestern Baptist I wsuA�s: Ohio Cawelty Grouo 1 Theological Seminary N�UPtA =airfiNd Inaurznca Cvmoan P 0 Box 22000 -- ' Fort Worth TX 76122-0480 NSURE*P i COVERAGES TME PCUCES OF INSURANCE UST0 BELOW HAVE BEEN ISSUIc7 TO THE INSUAED.NAMED ASCV1 FCR THE POLICY PEA100;NDICAT::D.,VOTwITM57ANDrNG Alvv REMIFeAINT, TERM OR CONDITION OF ANY CONTRA(" OR OTHER OCCUMENT writ♦ RESPECT TO 'NHICH THIS CERTIFICATE MAY SE ISSUED CA MAY PSRTAIN, TWE WSURANCE A;;OgCO BY THE POLICIES OESCMIED HEREIN IS SUGjECT TO ALL THE TERMS, EXCLUSIONS AND CCNOIT;CN5 Cr.SUCt! POLICE'S.AGGREGATE LIMITS SMOWN MAY HAVE BEEN REDUI:I:D BY PAID CLAIMS. "I PONcY Ef ecTiVPOUCT EXFmATICN L?R. TYPE Of!NammeE POLICY NU149" DATE JMMt00M'I 7ATE MMLIMITS A 6EMAALuAEwrr`' 46CESCC7069 j 8101100 8101IC1 L EACHoccuAAeac: s tooccaa 1 X 'OMMSMOAL JENNAL LIAS)Lr'? I r i I PRE DAMAGE IARY ww fire) 500000 I CLAIMS FADE . X JCC:Ai i MED EXP IARY er a►oR! � 10000 I I ji �PEASONAL✓•AOV tN:UAY I 1000= QENEAAL A60AEQA7E I: 2000000 ZEN'L A"At0ATE LiMR APPVEJ Pt& I F*COUCTS•COMProo Aee Is 1000CC0 x PaucY I 1 Ma A _u ooaosf'jAMrY i 46CESC07084E 8101100 81011101 COA.UNE0 SNGLIUMIT 1000000 X I M&.ma.rKl ALL OWNED AU,05 III —7 BODILY INJURY SC)"UNLE9 AUTOS I I (P.p.AON r X�y'r-REO AUTOS EOGLY INJURY ( r 1 X I NOM.OWIN Ps wadenq r� EO Au'TOS I PROPERTY DAMAGE i 9 ( IPw eu+oeRO QAALQE LIABILITY - AUTO CNLY•EA ACCIDENT i�ANY AUTO f EA ACC! I oruER.*wAM AU-0 ONLY: AcG g �"�Excess UAeum 8X0(01)52508914 8101100 9101101 EACH OCCUPAENci 10000000 I((LL x OCCUR F—I C AIMS MADE aGGAE0AT6 10000000 t i OEOucneLs' X . 0TINTION S Q 3 w0 STA Tu- 10-H-1 C wooman COMPENSATION AAA AM0000?200 8ioi)CO 8101101 ^X T 2g -IMr,S- =a I EMPLOYEAr UASWY E,.EACH ACCXENT 500000 C.L.OrSE •iAa56 EMPLOYEE 500000 II EL.OKEASS-POLICY UMIT s 500000 OTMER i I I 013"P"ON Of OP&ATONSAJOCATIOIM3/YEHICLESA=LUSiOMS ADO®BY LMDOAS wwrismciAL PIIOVI3mm CONDUIT UNDER THE 4700 BLOCK OF STANLEY GQ© CNv umlI FICATE HOLDER i A00ITIOALAs maim;LrauAaR Lerrg►r CANCELLATION SMOYLD AW OF TM AS*Ve 09SCAIM/eLICES"De CANG M TMs eI~00 CITY OF FORT WORTH OATe rMM,TM MUM Y FAM WFA erOUVOR TO rut 10 CIA"wW"W DEPT OF DEVELOPMENT MW TO r"C&MWOM r LQW WNW To TMe Len.MM PARLIRe TO 00 90 1000 THROCKMORTON w M a no osLmrm°"LM/LMT OF Nff LM UM M uE WAL ars AUW 04 FART WORTH, TX 78102 w"Mova ;4 ACORc 286 I7197I • COW COPJIQMT10N is" Exhibit C Street Utility Crossing 4700 Block Stanley Avenue W. Seminary Drive See Exhibit B for Details a FI 1 10 9 8 7 6 5 4 3 2 1 U Front Lawn a 1-R m 3 4 5 6 7 8 9 10 11 2 14R 1617 2 WEST BROADUS STREET 0 1 22 Perking 2 21 Parking 3 20 FORT WORTH HALL COWDEN HALL 4 19 18 `-} F BOWLD 3 17 musi BRAAR Parking -0 ParkingM 5 RS Q MEMORIAL BUILDING ' di N SC RBOROUGH ~FLEMING T G A M B R E L L ST. Q ROBERTS c E ,0Parking� T UE I LIBRARY � SECURITY co PRICE Parking Parking GHILDREN'S n�z. ARNAR CENTER � STUpEN HAL! Q HALL CENTER 0 Parking G CUNSE ING CENTER WEST BOYCE AVENUE ECREATIO # AEROBICS '+ CENTER 4rCNlla 0 8 1744 W.Boyce Existing 8"Water Line WEST SPURGEON AVENUE 24 1 24 1 2 23 2 23 2 22 3 52 3 c3tlt 21 4 21 4 20 0 5 20 5 2 > 19 c 6 19 cc r 6 19 518 c 16 18 7 17 18 c 12 (05 RECREATION 16 9 16 9 Proposed Utility Crossing AREA 15 16 15- 10 13 12 13 11 13 FULLER AVENUE ,pp^r Pp ,I City of Fort Worth, Texas *Vagor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/17/01 **C-18663 06STANLEY 1 of 1 SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY- CONSENT AGREEMENT WITH SOUTHWESTERN BAPTIST THEOLOGICAL SEMINARY AUTHORIZING THE INSTALLATION OF CONDUITS UNDER THE 4700 BLOCK OF STANLEY AVENUE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement for use of the right-of-way for the installation of conduits under the 4700 block of Stanley Avenue. DISCUSSION: Southwestern Theological Baptist Seminary, through Mr. Dan Haase, its Associate Director of the Physical Plant, has requested permission to use the right-of-way to install nine conduits under the 4700 block of Stanley Avenue. The encroachment will be used for the express purpose of installing PVC C-900 piping and electrical conduit to serve as "carrier pipes" for domestic water, high voltage electrical service, telephone cables, irrigation water and smaller spares for future utilities. 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) Mike Groomer 6140 APPROVED CIT .Originating Department Head: CITY COUN09- Bob Riley 8901 (from) JIL 17 2MI Additional Information Contact: 0l7Gu---t/ City Secretary of the Bob Riley. 8901 City of Fort Worth.Tozes.