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HomeMy WebLinkAboutContract 39225CITY CONTFipCiNSECRETARY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § This Temporary Ingress and Egress/Construction Easement Agreement (this "Agreement") is entered into between the CITY OF FORT WORTH, Texas, a municipal corporation of Tarrant County Texas ("City") and MASTEC NORTH AMERICA INC., ("Company"). For and in consideration of other goods and valuable consideration, the sufficiency of which is hereby acknowledged, and in consideration of the covenants contained herein, City and Company agree as follows: 1. Subject to the terms of this Agreement, City hereby grants and conveys to the Company a Temporary Ingress and Egress/Construction Easement ("Easement") onto The Fort Worth Botanical Gardens described in the attached Exhibits "A" and "B", hereinafter referred to as the "Property". This grant and conveyance is made subject to all matters of record affecting the Property. 2. The term of this Easement shall be fora (30) day permit. Company may wish to apply for an extension of this permit which must be submitted (7) working days prior to the end of the (30) days. 3. The Easement shall only be used for the purpose of constructing a Electrical Service located to a portion of the Property. 4. Company shall have restricted access across, through and over portions of the Property for the purpose as described in Section 3 above. City acknowledges and agrees that Company's access shall be with vehicles, equipment and employees or contractors. Company's access with vehicles shall be limited to paved park roads. The Easement shall include the right of Company and its employees, agents, representatives or contractors to access the aforementioned Property for the purposes stated herein. 5. Any disturbance within the park shall be restored to its original condition; as it was immediately prior to accessing the Property under this Agreement. 6. Company shall meet with appropriate City staff for the purposes of an easement pre - construction meeting at least three (3) business days prior to initiating construction of the Electrical Service Lines using the Property, provided however, that use of the Property shall commence within thirty (30) days of execution of this Agreement. The pre - construction meeting shall include, but not be limited to, information regarding the restoration of areas in the Park that are disturbed by the Construction of the pipeline. Use of the Property shall be set forth as follows: a. The Company shall have access to Property on the following dates for the specified purposes: On Ground Pre -Construction for Site shall commence on , 2009. Start Date shall commence on , 2009. Completion Date for Site shall be on , 2009. Ingress and Egress Easement QFFOFFICIALREC® b. Restoration of areas on the Property disturbed by Company shall be commenced within thirty (30) days of completion of the use of the Property. 7. The Easement is not assignable by the Company without the prior written consent of City, which shall not be unreasonably withheld. 8. Company shall comply with a(I applicable laws, ordinances, rules and regulations, including, but not limited to City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. 9. The temporary construction posed within the Park shall be operated in a manner that does not place an undue burden on the present or future use of Park by the City and the public. If the City reasonably determines that during construction the proposed construction does place an undue burden on any portion of the Park, the Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Easement or take other actions determined by the City to be in the public interest to remove or alleviate the burden. 10. Company will take a(I reasonable planning to minimize harm to the Park and shall comply with conditions as set forth below: 10.1. The areas where construction shall be permitted shall be those areas identif(ed on the attached Exhibit "A". The Company shall notify the Parks and Community Services Department (PACSD) in the event of any changes. 10.2. All open work areas are to be fenced with orange vinyl fencing. All open trenches and work area adjacent to roads shall be fenced with orange vinyl fencing. All trees in the work area shall be fenced at the drip line of the trees and the fencing shall be inspected prior to construction. Only the surface area of temporary work space areas of the site shall be impacted. The orange vinyl fencing shall remain in place until such time the site is restored as outlined in this Agreement and when such restoration made by the Company has been inspected and accepted by the staff of PACSD. The City shall have the right, but not the obligation to have an inspector, present to monitor that the construction in accordance to the specifications outlined in this agreement. 10.3. Company shall specify work areas prior to construction and survey and stake said areas, notating the boundaries of the work areas as agreed upon at the pre -construction meeting held in accordance with section 6. PACSD shall review and approve the stakeout of the work area. 10.4. A temporary and turn around shall be agreed upon during the preconstruction meeting. Travel outside of the designated areas shall not be permitted. On the east access, when the Company cuts the existing fence for access to the temporary work area, a temporary chain link fence shall be promptly installed and shall remain locked at all times of non-use. Prior to the installation of the new gate, the Company shall provide the PACSD with a detail of the proposed gate for review and approval. The new gate shall be designed to match the existing fence as detailed on the attached exhibit. A new gate shall be installed that shall be of the same materials as the original fence, without Ingress and Egress Easement 2 exceptions. The Company shall contact PACSD to inspect the installation of the fence/gate to ensure it has been properly installed and provide the agent keys for accessing the gate. At no time shall a gate be left open without manned security during construction operations. 10.5. Company will replant, reseed and water each area of the Property disturbed area as many times as necessary until a stand of grass comparable to that which was originally in place before the disturbance is root established and approved and accepted by PACSD. Restoration of surface areas disturbed shall be seeded with a ground cover determined by the Botanic Gardens; however, modification of seeding material may be approved by PACSD. Company shall stockpile the any excavated soil from construction and shall place said soil in the areas to be reseeded. No importing of outside soil shall be allowed nor shall fertilizers be permitted. 10.6. Orange mesh fencing shall be established during construction. Fencing shall be placed on the outside drip line of any trees, to protect such trees from any damages. 10.7. The Company shall coordinate their schedule with the Staff from the Botanical Gardens. All construction shall take place during the operational hours of the Botanic Gardens unless authorized by Botanic Garden staff. 11. Company, at Company's sole cost and expense, shall provide the City with as -built plans of all portions of the Electrical Easement located in the City and the City 's extraterritorial jurisdiction and maps showing such Electrical within ninety (90) calendar days following the completion of such electrical. Company shall supply the textual documentation of such as -built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 12. Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Park, Public Rights of Way, or other City -owned property that are in any way disturbed or damaged by the construction, operation and or maintenance, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Unless otherwise specified in this Agreement, Company shall diligently commence such restoration within thirty (30) calendar days following the date that Company first became aware of the disturbance or damage within thirty (30) calendar days following such disturbance. 13. City shall not be liable to Company for any damage or theft of Company's equipment, facilities or other contents, except, when caused by the willful misconduct of City, its agents, servants or employees. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties but that this Agreement shall be solely for the benefit of the parties thereto. 14. It is agreed that this grant covers all the agreements between the parties and that no representation or statements, verbal or written, have been made modifying, adding to, or changing the terms of this Agreement. Ingress and Egress Easement 3 15, In this regard, Company covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the grant of the easement or operation and maintenance of the temporary facilities, whether or not caused, in part, by the negligence of officers, agents, or employees, of the City; provided however, that Company shall have no liability or obligation to indemnify, hold harmless or defend with respect to any injury or damage to persons or property resulting from the sole negligence of officers, agents or employees of the City. TO HAVE AND TO HOLD the above -described temporary easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Company, and Company's successors and assigns for so long as the right and easement herein granted; and City does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the Easement unto Company, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same,. or any part thereof. When the context requires, singular nouns and pronouns include the plural. COMPANY: MASTEC NORTH AMERI Agent N/6 iofV M e tL Title of Approved agent ontract ., Ingress end Egress Easement City of Fort Worth rles W. Daniels, Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistant City Attorney 4 L U e V f; Tx ACKNOWLEDGEMENT 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 "/tom c 'o,,, • &.,.,W:, , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �' day of 204 JUDY F. ROGIVUE COMMISSION EXPIRES October 1, 2011 aL STATE OF TEXAS § COUNTY OF TARRANT § otary P, blic in and for he State of Texas ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, on this day personally appeared Charles Daniels, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of e P„Rlp, $, SANCHEZ o NOTARY PUBLIC STATE OF 12EXAS My Comm. Exq. Ingress end Egress Easement 5 Public in and fort a State of T M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 4/28/2009 (;flicial site of t11Es City of Fort V'lorth, �� exas _ _ � __ � � _� - - -��.� ,�,a DATE: 4/28/2009 REFERENCE L-14760 LOG NAME: 80BOTANICGARDENONCOR N O.. NON- PUBLIC CODE: L TYPE: CONSENT HEARING: YES SUBJECT: Authorize the Conversion of Approximately 0.31 Acre of Parkland at the Fort Worth Botanic Garden, Located at 2000 University Drive, for the Relocation of Electrical Service Lines with Support Facilities and Authorize Granting an Easement to Oncor Electric RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative to the Fort Worth Botanic Garden exists for the relocation of the proposed electrical lines and support facilities; 3. Find that the proposed relocation includes all reasonable planning to minimize harm to the parkland; - 4. Close the public hearing and authorize the City Manager to convert approximately a.31 ,acres of dedicated parkland for the relocation of electrical lines and support facilities; and 5. Authorize granting an easement to Oncor Electric. . The Fort Worth Botanic Garden is located at 2000 University Drive, Mapsco76E and J, west of University Drive, south of Harley Street and north of Interstate 30W, in COUNCIL DISTRICT 7. DISCUSSION: The Parks and Community Services Department has been approached by the Botanical Research Institute of Texas, Inc., (BRIT) requesting a conversion of approximately 0.31 acre of parkland for the relocation of an Oncor utility line and support facilities within the Fort Worth Botanic Garden (FWBG) property. The electrical service is being relocated for the construction of BRIT's new facility and parking lot. The new parking lot will be shared by BRIT and the FWBG. The proposed utility route will allow for the current electric lines to be relocated to the western and eastern boundary of the property. The electric lines along University Drive and into the FWBG will be bored to reduce impacts on any trees. The existing lines servicing the former Fort Worth Public Health Department Building and the FWBG are to be vacated once the new service is established. In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to convert approximately 0.31 acres of parkland for the purpose of relocating utility lines. Attached is an exhibit of the proposed site for the location of the new lines. On January 28, 2009, the Parks and Community Services Department Advisory Board endorsed staffs recommendation to the City Council to authorize the conversion of parkland at the FWBG for the relocation of the electrical lines with support facilities. Should City Council approve the conversion, staff http://apps.cfwnet.org/council�acket/mc_review.asp?ID=113 80&councildate=4/28/2009 10/ 1 /2009 M&C Review Page 2 of 2 will negotiate with Oncor Electric to grant a new easement in exchange for abandonment of Oncor's existing easement. Signage was posted at the site noting the conversion and providing instructions for directing comments to the Department. The Department also notified the adjoining Arlington Heights Neighborhood Association in writing of the requested conversion as well as the FWBG support groups. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS botanical_gardens final utility_,pdf City Council Survey_Map,doc FROM Fund/Account/Centers Charles W Daniels (6183) Richard Zavala (5704) David Creek (5744) http://apps. cfwnet.org/council�acket/mc_review.asp?ID=113 80&councildate=4/28/2009 10/1 /2009