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Home My WebLink AboutContract 34467CiiY �ECRETARY_ � �;C?i�T�AC;� �Ca o ' 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 West Bowie Street ("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, ,t -, �I��]c,'� a�� ari�� _ � �, �� '�% �'�� i� � I�1;?� Q�;.,: � �jj �f' 1 �i .��v'J1UJ1� �� " � GL`� sidewalks and other public rights-of-way, such Improvement(s) are described as follows: Electrical conduit across West Bowie Street just west of Lubbock Street 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 -__-- -_ -- ___- - - - - � �; �,, . �-- � _ ��.� ; ��.�Jr!'� ��'�Ua:�; p 2 ��1� ��R� �'°l�i� �� .��'J�'�!�� Z�� 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 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". Q 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. �� 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 4 �l , v��3v��°! � 'i��l:,U;�;�U; �'�p�� `��;�?��'��,� � p �<,,� �p 9� 'a�:"'�)�� U n�, ��i?� damage or disruption of improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage. � 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 Five Hundred, thirty-five 535.00 sum of Dollars ($ 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. : 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. s �a 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. 6 ;:;-�'�J��>j;°,l ��;��; �� ;�� ,�1�� ,�:;�� U n ��, ':�.�'�;� �!n!, ��5, 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 - - -, � ^. -,._ °��vJU�,� ��'��;i��u' g ��'t� ��;� C ��`u' �C�.'�`�'1`:��Jl �'SG�� i�t;, � i � described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per occurrence Bodily injury, per person Bodily injury or death, per occurrence $100,000 $250, 000 $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 Insuranc� 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 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. `E:� 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. `�a 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. io EXECUTED this o��day of � , 20 B6. City City of Fort Worth : Asst. City Manager ATTEST: � /. /- - G'U1,�-� �-_. ��-, City� ecretary � �"-` ' � Cc�nt� a� - Autkaori. _z�ti.n�. �� l�a�.e Grantee: Texas Christian University By: ..�.• �ij i ;��,': � Name: yi�T�i� f. L�` �� t��ro�1 Title: ,_ - � � 7 -_ �. I /- - Approved As To Form And Legality Assi�tant City Attorney 11 n � ;;a��]'�'� `' � '°`�'�'� ��' 1��' r ��1�� `J!�� I\�� f� ':^G/q \ '��;�1�j�.U�11�� G.� � STATE OF TEXAS COUNTY OF TARRANT 0 � 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of �� hv��'� , 2 � � lo . �n�•¢� ;�ati�'YP�: R05�LI.AElr�RN�S =*. *�� h,1'i t^t:�t�F�I.SSl�N FJ(PIRES 'n� '��` �r91Ci1 3�, L�9 ,Af�� -^-e�anr IZ /� � �,�f"��i /� Zc.�� Notary Public in and for the State of Texas ��1�'1 �� `'�l a��;:° 5 !1�� qj� a�",'�, G� I �j (I7I�� Yf '�Ar1i�Ji��4�. UI 0�10 � STATE OF TEXAS COUNTY OF TARRANT 0 0 BEFORE ME, the undersigned authority, a Notary Public in and for the � State of Texas, on this day personally appeared `'` ` -�' -� � --� � � �" - '`° � i � ;� � 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 stated. and in the capacity therein GIVEN UNDER MY HAND AND SEAL OF OFFICE this o�f% � day of yt,`iPit� , 20�. ,,.:r«�;� -t.�r:<<,��.� ,;�_._..< h,� �.�-,,�; ,�t,��.l= I�1f�K ii�`` ��-!'��1' t�UF3LIC N;,��P �T;� r� O� T�X,AS ��°;,� �y Gr,�nm. Exp. 06-17-2007 �=$_a.._ __ _ 13 UZ� Notary P lic in and for the State of exas x�l '4VoM Yo.1 ec/wn' 1� /,Nur��u� uol{oN4� �ox�y � 1 �� 3�IAN35 lV�lil1�313 NI SL J� W `r71�� lSt/3 1Ntfld J.LI�llfl lb2ilN3J f1Jl ��1 6 c - 5 (/') lV�1a10313 3115 ' ` ` �� o� � n� �a � �o �� w �� ns � � zU �� oe; oY3 W9� �� o � �J� . �� o � n�" o � � �� - � �� 9� ��o �e oF �� 09� �� =z¢ � � ti go �� _� G�� G� �: �� HF� �g3 �50� „� � �� ,�� 'Wm �g�. �� Y� -� �� s�a s'-" �� s�� _� �se zsa� � a3 O O O O O O O�O O� , ---- �- --. - --_-- ,. I ', , ; _ - ��--,, - '----- _..., I: �..._—_ __—"_"_ �\ � -- — ,\ _�-� � 4 � 5 = � a � R � w�9 wl (�j��}-� CERTIFICATE OF INSURANCE �ERT'F'�ATE"�MBER HOU-000683239-10 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 M8fSI1 USA If1C. POLICY. THIS CERTIPICATE 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 W orth, TX 76129 coMaaNv D N/A COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSUR4NCE 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 W ITH 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 SHOW N MAY HAVE BEEN REDUCED 8Y 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 OF)/O'I/OB O6/O'I/O7 GENERAL AGGREGATE $ 3,000,000 X COMMERCIAL GENERAL LIABILITY � PRODUCTS - COMP/OP AGG � CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $ 'I,OOO,OOO OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE � �,OOO,OOO FIRE DAMAGE (Any one fire) $ 300,�� MED EXP (An one erson $ 5,00� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT � ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OW NED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHERTHANAUTOONLY: � � EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE � UMBREILAFORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- OTH- . � EMPLOYERS' LIABILITY TORY LIMITS ER � EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/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 iHE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIR4TION DATE THEREOF, THE INSURER AFFORDING COVER4GE WILL ENDEAVOR TO MAIL _�(1 DAYS WRITTEN NOTICE TO THE city of Fort wortn CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO A1AIL SUCH NOTICE SHAIL IMPOSE NO OBLIGATION OR Department of Development Attn: James F. Miller LIABILIIY OF ANY KIND UPON THE INSURER AFFORDING COVERAC�E, ITS AGENTS OR REPRESENTATNES, OR THE � OOO TII�OCI(Il10fYOf1 SY. ISSUER OF THIS CERTIFICATE. FY. WOf�h, TX 76�02 MARSH USAINC. er: William Hines C�'.�r�'-��y.�-� MM1(3/02) VALID AS OF: 06/26/06 � � �� M Page 1 of 1 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/AccountlCenters Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/AccountlCenters Dale Fisseler (6140) Bob Riley (8901) Susan Alanis (8180) http://www.cfwnet.org/council�acket/Reports/mc�rint. asp 1 /3 0/2007