HomeMy WebLinkAboutContract 33752 ENCROACHMENT AGREEMENT
B Formatted
STATE OF TEXAS §
COUNTY OF TARRANT § CITY SECRETARY
� 6
CONTRACT NO.
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
w Bowie st west Taihb k ("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,
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sidewalks and other public rights-of-way, such Improvement(s) are described as
follows:
Electrical ductbank.
In addition to the installation of the above described Improvements, Grantee shall
install knox boxes at the buildings that will be connected to the electric conduits
at locations sites according to City of Fort Worth fire codes and approved by the
Fort Worth Fire Department, such knox boxes shall have appropriate contact
information and a 24-hour response telephone number to contact grantee in the
event of a fire emergency. In addition, Grantee will mark the street and curb with
appropriate warnings of the underground utilities and shall participate in the TXU
electric line identification program. 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
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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.
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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
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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 fifty Dollars ($ 550.00).
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 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.
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9.
It is further understood and agreed upon between the parties hereto that
the 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 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 streets 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.
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.
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FY, ` "v ' R, A.
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
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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
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CRY ��FIPFIIIY
TEX.
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.
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CITY 6K,1114,1V
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.
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EXECUTED thisday of 20P-6
City Grantee
City of Fort Worth Texas Christian University
JA4
By: LG BY: 41&
Dale Fisseler, Name: wil 1 g. S all worth; P_E.
Asst. City Manager Title: Asso. Vice Chancellor for Facilities
ATTEST: Approved A.% Form Anil-Legality
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AA y
City Secret As 'stant City Attorney
C�-') I C:�
Contract Authorization
Date
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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 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.
GI EN UNDER MY F�AND AND SEAL OF OFFICE this��y of
g
MARIA S.SANCHEZ
NOTARY PUBLIC Not ry Public in and for the
STATE OF TEXAS
qr&OF S�+P My Comm.Exp.12-14-2009 State of Texas
12
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 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
Encroachment Agreement and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of
, 20()( .
L1ci (s25Z LXX 2
Notary Public in and for the
State of Texas
DEBRA LEE KEESE
a F rd
`E Notary Public,State of Texas
My Commission Expires
%"";-Pi January 06,2009
13
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$SITE ELECTRICAL DETAILS
rcu TCU CENTRAL UTILITY PLANT EASTr[�
rn 15 KV ELECTRICAL SERVICE -r- a fes.
T.x.Chrlatlan Unlv.rtlty
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MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER
HOU-000683239-10
PRODUCERTHIS 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 COMPANIES AFFORDING COVERAGE
Dallas,TX 75201
COMPANY
A UNITED EDUCATORS RISK RET.GROUP
INSURED COMPANY
Texas Christian University B N/A
Jill Laster
Assoc.Vice Chancellor for Human Resources COMPANY
&Risk Management C N/A
TCU Box 298200
Fort Worth,TX 76129 COMPANY
D N/A
COVERAGE$ This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1
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.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERAL LIABILITY CGL 200600070600 06/01/06 06/01/07
GENERAL AGGREGATE $ 3,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $
__._ CLAIMS MADE K OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000.000
FIRE DAMAGE(Anyone fire) $ 300,000
MED EXP oneperson) $ 5,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per per)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per Bcddenl)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACHACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND W TU H
EMPLOYERS'LIABILITY TO LIMITS ER
EL EACH ACCIDENT $
THE PROPRIETOR/
PARTNERS/EXECUTIVE --
INCL EL DISEASE-POLICY LIMIT $
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLE&SPECIAL ITEMS
Re:Chilled water and electric bank construction:2800 Bowie Street,Fort Worth,TX
Construction Site:Crossing Bowie Street about 100 feet west of Lubbock Ave.
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 DAYS WRITTEN NOTICE TO THE
City of Fort Worth CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAL SUCH NOTICE SHALL MPOSE 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 THISCERTIFICATE.
Ft.Worth,TX 76102
MARSH USA INC.
BY: William Hines l�lJi•-"
MM1(3/02) VALID 9�FN'/,2'0*/Q'6'2':-
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/20/2006
DATE: Tuesday, June 20, 2006
LOG NAME: 06TCU CONDUIT REFERENCE NO.: **C-21515
SUBJECT:
Authorization to Enter into an Encroachment Agreement with Texas Christian University, Authorizing
Use of the Right-of-Way for Installation of an Electric Conduit across West Bowie Street just West of
Lubbock Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Encroachment
Agreement with Texas Christian University authorizing use of the right-of-way for installation of electric
conduit across West Bowie Street just west of Lubbock Street.
DISCUSSION:
Willett R. Stall worth, P.E., Associate Vice Chancellor for Facilities, is requesting permission to install
electrical conduit across West Bowie Street just west of Lubbock Street. This will allow transmission of
electricity from the new central plant to the Texas Christian University (TCU) network. Staff considers single
electrical feeds connecting multiple buildings such as this to be appropriate only in campus situations where
TXU has determined it is the best alternative for delivering necessary power loads.
The Encroachment Committee has reviewed this request and consulted with the Fire Department. The
committee is recommending approval to include provisions that TCU install knox boxes at the building with
appropriate contact information and 24-hour response in the event of a fire emergency. In addition, the
contract will require appropriate street markings warning of the underground utility and participation in the
TXU electric line identification program.
The encroachment 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 City Manager's Office by: Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Susan Alanis (8180)
Logname: 55SPINKS RAMP Page 1 of 1