HomeMy WebLinkAboutContract 39263-TA1TERMINATION AGREEMENT
CITY SECRETARY CONTRACT NO 39263
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This ENCROACHMENT AGREEMENT ("Agreement") is hereby made and �0ng
entered into by and between the CITY OF FORT WORTH (the "City"), a home rule
municipal corporation organized under the laws of the State of Texas and acting by and
through its duly authorized City Manager or duly designated Assistant City Manager, and
TARRANT COUNTY COLLEGE DISTRICT ("TCCD"), a political subdivision of
the State of Texas, acting herein by and through its duly authorized Chancellor or duly
designated agent.
WHEREAS, on or about October 6, 2009 the City and TCCD entered into an
Encroachment Agreement, on file as a public document with the City Secretary as City
Secretary Contract T:o. 39263(the "Agreement"), ,ender VTAlu h the City agreed f nernAf
the construction of two school buildings in an existing sanitary sewer easements and
WHEREAS, pursuant to the letter attached hereto as Exhibit "A", which is
hereby made a part of this Agreement for all purposes, TCCD has requested that a revised
Agreement be executed to address changed conditions related to the rehabilitation of a
portion of sanitary sewer M-282 located in the easement; and
WHEREAS, in order effectuate the execution of a revised agreement
Agreement (CSC. No. 39263) will be terminated by mutual agreement and a
agreement between the parties will be executed; and
WHEREAS, the City is not opposed to a termination of the Agreement;
NOW, THEREFORE, the City and TCCD agree as follows:
the
new
The City and TCCD hereby mutually agree to terminate CSC Mn 39263 Encroachment
Agreement, to be effective as of ���_� a,� , 2010.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Encroachment Termination Agreement 1
Tarrant County College District
10-21-10 NO3a18 IiJ
OFFICIAL RECORD
CITY SECRETARY
K WORTH, TX
IN WITNESS WHEREOF, the City and TCCD have executed original
duplicates of this Agreement to be effective as of QcJroh,e,. a.10 , 2010:
CITY OF FORT WORTH
By:
Fernando Costa
Assistant City Manager
A
B Y• P
y`S - ity Secretary
E' ■
APPROVED AS TO FORM AND LEGA:
By: ' 9 AM(ll
Melinda Ramos
Assistant City Attorney
M & C: none required
STATE OF TEXAS §
COUNTY OF TEXAS §
TARRANT COUNTY COLLEGE
DISTRICT
By:
Nina Petty
duly authorized representative
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Nina Petty, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same was
the act of Tarrant County College District, and that she executed the same as the act of
Tarrant County College District for the purposes and consideration therein expressed and
in the capacity therein stated.
,n GIVEN UNDER MY HAND
Nokary Pu61ic, Slake of Tezes
My Commission Expires
-May 19, 2013
Encroachment Termination Agreement
Tarrant County College District
AND SEAL OF OFFICE this day of
2
Public in and for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
�T. WORTH, Tx
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 Fernando Costa, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of the City of Fort Worth and that he executed the same as the act of the
City of Fort Worth for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this - day of
920109
4o&tarvPublic in and for the State of Texas
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10, 2013
4F
Encroachment Termination Agreement 3
Tarrant County College District
August 16, 2010
Mr: David Schroeder
Planning and Development Department
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Reference: Revised Deep Sewer Encroachment Agreement
City Sewer M-282
TCCD Trinity River East Campus
Dear Mr. Schroeder:
A portion of the City of Fort Worth (City) Sanitary Sewer M-282, a 54-inch diameter sewer
main, is located beneath two buildings and a depressed plaza of the Tarrant County
College District's (TCCD) Trinity River East Campus currently under construction. M-282 is
approximately ninety feet below street grade in the area of the campus. The
encroachment agreement between the City and TCCD dated October 6, 2009 requires
TCCD to rehabilitate the segment of M-282 between two existing manholes, approximately
658 feet, where the sewer main passes beneath the campus structures.
Due to the depth of M-282, TCCD staffquestioned whetherthe campus structures imposed
an increased load upon the sewer line or impeded the function and maintainability of the
sewer line. TCCD engaged Kleinfelder Central, Inc. (KCI) to investigate the matter. KCI
performed an analysis of preconstruction and post -construction loading on M-282 where it
lies beneath the campus structures. KCI prepared a report titled "Load Evaluation of
Franklin -Bluff Street City Sewer M-282" describing the evaluation procedures and findings
of their investigation.
On June 17, 2010, representatives of Tarrant County College District (TCCD) met with Mr.
Frank Crumb and Mr. Andy Cronberg at City Hall to discuss the requirement for TCCD to
rehabilitate this portion of M-282 and review the draft KCI report. The KCI investigation
determined the post -construction loads experienced by M-282 were actually 19 to 21
pounds per square inch less than the preconstruction loads. Also, since there are no direct
connections from the campus facilities to M-282 and access to the existing manholes on
either side of the campus structures is not impeded by the campus development, the
campus development does not have a detrimental impact on the function or maintenance
of M-282. Mr. Crumb stated that based upon the KCI report findings the rehabilitation of a
portion of M-282 was not the responsibility of TCCD. Mr. Crumb and Mr. Cronberg
requested an exhibit to better identify the location of the campus structures foundation
URS Corporation
1300 Summit Avenue, Suite 600
fort Worth, TX 76102
Tel: 817,390,1000
Fax: 817,882,9462
www,urscorp.com
9
Mr. David Schroeder
August 16, 2010
Page 2 of 2
elements relative to M-282 and a statement regarding any functional Cl"d maintenance
impacts to M-282 be added to the report. TCCD agreed to add those items to the report
and provide the City with copies of the final report. The final report, dated June 30, 20107
was transmitted to the Mr. Crumb in early July, 2010.
Based upon the conclusions of the KCI investigation and report and Mr. Crumb's statement
regarding responsibility for rehabilitation, TCCD has revised the encroachment agreement
to remove the requirement for TCCD to rehabilitate a portion of M-282 and to include a
reference to the KCI report. Transmitted herewith are six (6) copies of the revised
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documents executed by the appropriate City representative, notarized, and return four (4)
fully -executed documents to me for distribution to TCCD. Call me at 817-390=1001 should
you have any questions. Also, please note the new address of our Fort Worth office on the
bottom of Page 1.
Sincerely,
URS Corporation
Douglas C. Mikewo
Sr. Project Manager
Enc.
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