HomeMy WebLinkAboutContract 35679 CITY SECRETARY
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CONTRACT No.
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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 Tarrant County
acting herein by and through its duly authorized B. Glen Whitley, County Judge
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/or occupies portions of the space under, on and/or
above the streets, alleys, sidewalks and other public rights-of-way, as follows:
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Item 1. Boring and IT conduit under Belknap Street from Northwest side of
100 W. Weatherford (Tarrant County Courthouse) to Southeast side of lot 2 portion
of 100 W. Belknap (Paddock Park west of Charles Tandy Statue)
Item 2. Boring and IT conduit under Houston Street from north side of
110/114 W. Belknap (Paddock Park) to east side of 305 Franklin (Tarrant County
parking garage)
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
this 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,
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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.
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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
Five Hundred Thirty Five Dollars ($ 535.00).
7.
The initial term of this Agreement shall be for 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 street, alleys, sidewalks and other public rights-of-way including the portions of
such streets, alleys, sidewalks and any 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
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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 public 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, that
this Agreement shall be automatically cancelled 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 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
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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 SHALL TO THE EXTENT AUTHORIZED UNDER THE
CONSTITUTION AND LAWS OF THE STATE OF TEXAS, 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; AND GRANTEE
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH
CLAIMS OR SUITS.
15.
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Grantee is a governmental entity and is self-insured to the extent of its
liability under the Texas Tort Claims Act.
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 the City
Manager and any attempted assignment without prior written approval shall be
void.
19.
This Agreement shall be binding upon the parties hereto, their successors
and assigns.
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EXECUTED this Ql+�ay of_ , 2007.
City of Fort Worth, Grantor Tarrant County, Grantee
By: By:
Dale Fisseler, Asst. i y Manager
Name: B. Glen Whitley
Title: County Judge
ATTEST: Approved As To Form and Legality
City Se eta
ry Assistant City Attorney
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Contract Auth.orizatioa
9
Date
A WORTH, TEX.
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.
GIVEN LINTER MY HAND AND SEAL OF OFFICE this day of
ANA L BRISENO
Notary Public,state of Texas Notary Public in and for the
My commission Expires State of Texas
March 07,2011
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 B. Glen Whitley
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
Tarrant County
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
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mo�mm Notary Public in and for the State
O�PRV p� GRACE C. RHODEN of Texas
* Notary Public
STATE OF TEXAS
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/31/2007
DATE: Tuesday, July 31, 2007
LOG NAME: 06COURTHOUSE REFERENCE NO.: C-22281
SUBJECT:
Authorization to Enter into Encroachment Agreements with Tarrant County Authorizing Use of the
Right-of-Way for the Boring and Installation of Chilled Water Lines and Fiber Conduit across West
Weatherford, West Belknap, and West Houston Streets as Part of the Tarrant County Courthouse
Renovation
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into standard encroachment
agreements with Tarrant County for the purposes of allowing street boring and installation of chilled water
lines and IT conduit for the Tarrant County Courthouse renovation project.
DISCUSSION:
B. Glen Whitley, Tarrant County Judge, has requested the use of the right-of-way for the boring and
installation of chilled water lines and information technology (fiber) conduit. This is being requested as part
of the ongoing Tarrant County Courthouse renovation project.
IT conduit will be bored underneath Houston Street from the north side of 110 West Belknap to the east
side of 305 Franklin to service the Tarrant County Parking Garage.
Chilled water lines and the fiber conduit will be bored underneath Weatherford Street to extend services
from 100 West Weatherford (Tarrant County Courthouse) to 100 East Weatherford (Tarrant County
Administration Building)
A manhole, an underground vault, and bored fiber conduit shall be placed under Belknap and adjacent
sidewalks from the northwest side of 100 West Weatherford (Tarrant County Courthouse) to the southeast
side of 100 West Belknap (Paddock Park west of Charles Tandy Statue).
The site plans have been reviewed and approved by staff in the Planning & Development Department,
Water Department, and Transportation and Public Works Department.
A possible future phase of this project may include an additional fiber conduit to be bored underneath
Belknap Street to extend lines from 100 West Weatherford (Tarrant County Courthouse) to the southeast
side of 100 West Belknap (Paddock Park -west of the Charles Tandy statue). However, this portion of the
project is still conceptual and the project's project manager and David Phillips,Tarrant County Director of
Facilities Management, are working with the City's Parks and Community Services Department to meet their
requirements for Paddock Park if this phase of construction occurs. Although alternatives are being
explored, a separate M&C will be required for the park trenching if necessary as required to be in
accordance with Texas Park and Wildlife Code Chapter 26.
This property is located in COUNCIL DISTRICT 9.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/27/2007
Page 2 of 2
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: Fernando Costa (8042)
Additional Information Contact: David Schroeder(2239)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/27/2007