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HomeMy WebLinkAboutContract 27011 CITY SECRETARY CONTRACT NO. �2'7O1 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 representative Michael Ferrari, Chancellor hereinafter referred to as "Grantee". W ITNESSETH: 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: Placement of two 4" conduits from TCU campus under 3533 Bellaire Drive North to alley bounded by Bellaire Drive and Kent Street. Placement of two 4" from TCU campus at 2800 Lowden under Lubbock Avenue continuing East under ORIN&d i1C1-:UkD NN N1,1 GERff Merida Avenue to 2600 Lowden. Conduits will contain fiber optic cable to support TCU administrative buildings and Student housing. Fiber optic will provide redundant phone and data services in the event of damage to primary communication duct banks. Fiber optic cable will be used for private university needs. 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". 2 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 3 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 eighty five Dollars ( 485.00 L. 7. The initial term of this agreement shall be thirty (30) years, commencing on the date this agreement is executed by the City of Fort Worth. 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 4 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 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, 5 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. 6 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. 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 day of 20IN CITY OFF RT ORTH, GRANTOR Texas Christian University, GRANTEE By: By: Mike G oom r, Asst. City Manager Micliael Ferrari, Chancellor EST- APPRO D TO FORM AND LEGALITY ity etary City Attorney Contract Authorization U&�� Date 8 Ff. WOU 7HO Val 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 day of 20 :. ...Y..SB,: PATRICIA A GARCIA {*:' * NOTARY PUBLIC otary Public in and for the State of Texas State of Texas Comm.Exp,03-31-2005 'I TY E GM�l�5I7'�nnnV'v Il tla l'J`�✓�I�tlB9 V�10 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 Michael Ferrari , 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 day of 2001 Notary Pub in and for the MARY NELL KIRK State of Texas NOTARY PUBLIC STATE OF TEXAS f''F�°tom My Comm,Exp.06-17-2003S CFFICGg,( G`'� CNN OCR 10 " l G h�UNCTR U FN i &whman-Physical Plant Redundant Gommunlcatlon Loop from Justln Aihietic '� te��ia❑ani �Q' Meyer Daniel- MOrICIief Meyer Baseball Field rn' � e w Football s Practice Field r Ames Observatory o— egseew t3ELLAIRE DRIVE NORTH spays aeu bwe o Legend r, dens tl O b IVA& v � New conduit nnstalIMon m Bore ccT aI�oP ns x Co 3x5 KENT STREET Hand hole 90'Insid9 Q Q PARKING - bciI Inside Non-TCU property Brach an Moody a j Me Housing redundant CommunlcaHon Loop I ! ! I CANTEY STREET a 7 1 PARKING E29 a w 4 > a PRINCETON STREET ® w E22PE Z w ❑ w E1 � —J w E30 E31 El Dored.k risible that wo 4"co will E14 E17Ll PARKING t�telled 1LJ W. LOWDENTS REET B 8 W. L©WDEN ET E39 PARKING PARKING PARKING E48 VX—L E41 � — E33 y`147 ��❑ E15 E0 O 1 - t J r Legend E42 w CI w � � I c a Hsro w e E51 '� a E37 a ¢ ioBZo ` i l ui� 1E46 E02 L2A LJ I PERKING v_ /� F-� Had holy d E43 `.J � L� E45 '',, U E12 ED4 � = 136 E44 } 1 W. BOWIE STREET 14 i i W. BOWIE STREET VV/A%/VA inv iv;ou rad &Lotua09OV AAlAZn UJA 11"'. TU jr'j'-: tg}UUL s NUMBER 01 U 06831 _ R PRODUCER THIS C4RTIFICATE IB ISSUED AS A MATTER OF INFORMATION ONLY AMD(CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROM THE 1$01 Elm Street POLICY.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR ALTER THE CDVVIN BRAOE 2100 Thanlr�TOwer AFFOROEO GY TIL$POLICAS DESCRI"HEREIM. Dallas,Texas 75 1 COMPANIES AFFOROING COVERAGE Sandra Michael 214.766.8525 COMPANY A UNITED EDUCATORS INS R6T.GRP. 01SURED COMPANY Taxes Christian University 9 NIA JIII Laster Assoc.Vice Chancellor COIVAW TCU Box 287120 C Fort Worth,TX 76129 OOMPAMY p THIS 6 TO CiRWM THAT POLIGM OF MSUPANCE OESCRIM HERRIN HAVE SEEN I"UM TO THE INSURED NAMED HEREIN FOR THE POIICY PERIDO 1 ATS. NOTWrndsTANDINO ANY REQUIREMENT,TERM OR CONOMION OF ANY COMTRACr OR OTMM DOCUMENT INIM RESPECT TO WHICH TK CUtnPICATE MAY BE 1 usd OR MAY TAN,THR NSURM CE AFrORDW 5Y'P*POLICIES DESCRIM HKA M N SUBJECT TO ALL THE TOM CONT MONS AND WCCLU"O OF SUCH POLICIES.U SHOWN MAY HAVE BEEN ASOU F0 NY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY tIMECTIVE POLICY EXPIRATION uMITs LTR DATE(UMMOM) DATE(MMIODMI I A O"ERALLIAaLM CGLO102100 0&01/01 OWI/02 GENWALAGGREGATE S I 3,000,000 X C uAL c A>uA>%tsrr n90CM-90rNP/OP AG S CLASIS MADE Q OCCUR PERSONAL s ADV INJURY $ 1,000,000 OVMSRS A CONrIV4Toree PROT OMURRsroce $ 1,000.000 FIRE DAirTAGE aw rra $ 300.000 MED ocP ane S ( 51000 AUTOSOMLE LIABILITY ComwH p 9MIOI N umn- 3 ANY AUTO ALL OWNED AUTOS 00C LY WMRY 3 SCHEDULED AUTOS 01arps N^) HIRED AVMS eOOILY KXAY a 18OWOwNEDAUT03 (Pear sem) PROPERTYOAMAGE a GARAGE LIA MrrY AUTO&&V-GA ACCIDENT s ANYAUTO 0T"w 1 M NAUToQN&Y _,•??s' A T6 $ I x ESS LIANEW EACHOCCORA94CF S UMBRELLA FORM AGGREGATE S OTNGt TMAN UMORALLA FORM $ WIN EMPLIOYERW UAWLITY EL EACH ACCIDENT S THEAROPRIETOW IMtI. EL OI E-POLICY LOWT ARE: Exrx. a pARTNFJzaASE EL DISEASE egM ha.1PLOYE S ' ofFlCpRs ARE: E I DESCRIPTION OF OPERATIONSADCATIONSNENVCLES SPECT AL STENS(LO 5 MAYOR"OJECT TO DMtTwLv3 OR RETENTT01 3) RE:Brite Hous)ng and Bradu"sn redundant communication loop constructan at locations at 3533 ftlaka Drive NaM,Alley bounded by 3533 Be ire Drive North and 3532 Kent Street and 2800-2800 Blacks of Lowden,crossing Lubbock,Merida and City alleys. f - SHOULD MY of TIS tMK=090040W HIPOM W CANCOAM IoewaE TK axpWATON An TMNKAP. 'W*HI&MA As.ORM8 CD WVQE TIn.L SKVMVM TO NAIL_ 3A PAn Off"IH I 0=0 To TIB City of Fon Worth,TX CLRTOW ATI"Wan WAM MACK Min Fwam TO MAC sue,&*?Cs V"L VAIC"No MLOXTIM OR AM,Jim Mir Dept.Of Development LueluTYo.AHrlaNvu.oNrna.wul�aAFrwvwacovsllAcs naAcaEx�oR 1000 Throckmorton St. Fort Warth,TX 76102 MgRSH USA INC. BY: Sally H DiHanbock 5 - 7WiLPGI+h�. :=�z...�->�-..., ._., ..- •.., tea;•:. -, .�•: City of Fort Worth, Texas "elljor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/31/01 **C-18687 1 06CONDUITS 1 of 1 SUBJECT ENCROACHMENT IN RIGHT-OF-WAY - CONSENT AGREEMENT WITH TEXAS CHRISTIAN UNIVERSITY FOR THE INSTALLATION OF UNDERSTREET CONDUITS AT 3533 BELLAIRE DRIVE NORTH, THE 2700 BLOCK OF LOWDEN STREET, AND THE 2700 BLOCK OF LUBBOCK AVENUE 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 3533 Bellaire Drive North, the 2700 block of Lowden Street, and the 2700 block of Lubbock Avenue. DISCUSSION: Texas Christian University (TCU), through its Chancellor, Michael Ferrari, is requesting permission to bore under 3533 Bellaire Drive North, the 2700 block of Lowden Street, and the 2700 block of Lubbock Avenue. The conduits will contain fiber optic cable to support TCU administrative buildings and student housing. The fiber optic will provide redundant phone and data services in the event of damage to primary communication duct banks. They will also be used for private university needs to include fire alarm security systems and 911 access. The Encroachment Committee has reviewed this request and is recommending approval. The encroachments are located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Bob Riley 8901 (from) JUL 31 2001 Additional Information Contact: "` W1111i City Secretary of the Bob Riley 8901 City of Fort Worth,Twee