HomeMy WebLinkAboutContract 39052CONTRACTENp �.�t
ENCROACHMENT AGREEMENT
Regarding South Jennings Street)
STATE OF TEXAS
COUNTY OF TARRANT
0
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 Hospital
District, d/b/a. JPS Health Network, hereinafter referred to as "Grantee", Owner of
the property located at 1500 S. Main Street, Forth Worth TX ("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,
sidewalks and other public rights -of -way, such Improvement(s) are described as
follows:
consisting of tre
from the Grar
ildin
on the Property to the Grantee's Metrowest Clinic at the corner of Hemphill St
Am
4
Encroachment Agreement (S. Jennings St.)
Page 1 of 11
and Allen St. with one street crossing (one bore under S Jennings St) and
installation of a 4' pvc conduit in the trenching/boring. Handholes will be placed to
facilitate installation.
The location and description of said Improvement Cl"d the encroachment
is more particularly described in Exhibit , attached hereto, incorporated herein
and made a part hereof for all purposes. Grantee anticipates that the
Improvements will be constructed and installed for Grantee by Contractor
Connect Systems, and the construction rights and obligations of Grantee with
respect to installation of the Improvements shall extend to work performed on
behalf of Grantee by Contractor Connect Systems and the other contractors, if
any, engaged by Grantee for the installation and maintenance of the
Improvements.
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
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.
Encroachment Agreement (S. Jennings St.) Page 2 of 11
4
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 .
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.
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
Encroachment Agreement (S. Jennings St.) Page 3 of 11
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 %J 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 thirty-five and no 1/100ths Dollars ($535 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, unless extended by
future agreement signed on behalf 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.
Encroachment Agreement (S. Jennings St.)
Page 4 of 11
9.
It is further understood and agreed upon between the parties hereto that
the public rights -of -way, alleys, sidewalks ("public right-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
public right-of-way 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, and if there is conflict caused by the new use of the right of
way with the Improvements of Grantee which cannot be reasonably remedied by
Grantee, 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.
Encroachment Agreement (S. Jennings St.) Page 5 of 11
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,
anA 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.
iC!
TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, GRANTEE
COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
Encroachment Agreement (S. Jennings St.) Page 6 of 11
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, TO THE
MAXIMUM EXTENT PERMITTED BY TEXAS LAW, 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.
The City requires assurances from Grantee with respect to liability
insurance. Grantee is a political subdivision of the State of Texas and is subject
Encroachment Agreement (S. Jennings St.) Page 7 of 11
to the Tort Claims Act of Texas and is self insured as to certain matters as more
particularly described on the letter attached hereto as Exhibit B. While this
Agreement is in effect, Grantee agrees to furnish and maintain during the
existence of this Agreement self insurance in accordance with and at the limits
set forth on Exhibit B covering all public risks related to the proposed use and
occupancy of public property as located and described in Exhibit "A" 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 attorneys 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.
Encroachment Agreement (S. Jennings St.) Page 8 of 11
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.
EXECUTED this c_ day of ECeff) Ivv 4^ , 20 01.
City
City of Fort Worth
BY:_
FYNu"A,j
Asst. City Manager
ATTEST:
City Se retary
Grantee
Tarrant County Hospital District, d/b/a
JPS Health Network
By:
Nan
TitIE
Approved As To Form And Legality
Assistant City Attorney
W:\OS\08483 tchd\Documents\Encroachment Agreement (S Jennings St) 121208.doc
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Encroachment Agreement (S. Jennings St.)
OFFICIAL RECORD
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Page 9 of 11 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 Fvw%ft * <OS- 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�.
�rsy�J
tary Public in and for the
State of Texas
EVONIA DANIELS
MY COMMISSION EXPIRES
July 101 2013
Encroachment Agreement (S. Jennings St.) Page 10 of 11
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 K ! �cr
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 Hospital District, d/b/a JPS Health Network, and in the capacity therein
stated.
�GIVEN UNDER MY HAND AND SEAL OF OFFICE this �_ day of
E C_rz-m 20 01_0
DELYNNA J. POST
Notary Pubiic, State of Texas
My Commission Expires
July 30, 2011
Encroachment Agreement (S. Jennings St.)
Notary Pu is in anda6r the
State of Texas
Page 11 of 11
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EXHIBIT B
JPS HEALTH NETWORK
August 27, 2008
TO WHOM IT MAY CONCERN:
RE: General Liability Coverage
Tarrant County Hospital District is considered a unit of local government under the Texas
Tort Claims Act, which imposes caps or limits, on the amount of monetary damages that
can be recovered from the Hospital District as an entity. The applicable limits for
indemnification are $100,000 per person and $300,000 per occurrence for bodily injury
or death and $100,000 for each single occurrence of damages to property.
The Hospital District is self -insured and has established trust funds for payment of
potential general liability claims:
General aggregate liability = $1,000,000.00
Personal injury, aggregate = $130007000.00
Any single occurrence = $1,0003000,00
Fire damage, any one fire = $50,000,00
Sincerely, �� \ A l
Naomi . Wilson,/Manager
Department of Risk Management
Tarrant County Hospital District
I500 South A(ain Street . Eort Wm th, Texas 76104 •817-921-3431
EXHIBIT B
M&C Review
Page 1 of 2
Official site oaf the City of fort Mi th, "I exas
COUNCIL ACTION: Approved on 8/18/2009
DATE: 8/18/2009 REFERENCE NO.: **C-23717 LOG NAME: 06JPS BORE
ENCR
CODE: C TYPE. CONSENT PUBLIC HEARING: NO
SUBJECT% Authorize the Execution of a Standard Encroachment Agreement with JPS Health Network
Authorizing Use of the South Jennings Street Right -of -Way for the Installation of
Underground Fiber Optic Cables to the Property Located at 1701 South Main Street
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a standard
encroachment agreement with JPS Health Network authorizing the use of the South Jennings Street
right-of-way for the installation of underground fiber optic cables to the property located at 1701 South
Main Street.
DISCUSSION:
JPS Health Network has requested use of the public right-of-way for the installation of one four inch
conduit to run fiber optic lines to its property located at 1701 South Main Street. This underground
conduit will cross beneath the South Jennings Street right-of-way.
The Encroachment Committee, consisting of staff from Transportation and Public Works, Water and
the Planning and Development Departments has reviewed and approved the proposed bore route
beneath the South Jennings Street right-of-way for this purpose.
The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement will
be 30 years.
The subject property is in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers
GG01 421232 0062000 575.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
David Schroeder (2239)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=12185&councildate=8/18/2009 9/1/2009
M&C Review
Page 2 of 2
ATTACHMENTS
Jennings -Bore
Model 1).pdf
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12185&councildate=8/18/2009 9/1 /2009