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HomeMy WebLinkAboutContract 41227STATE OF TEXAS CITYSECRETARY \aranta. CC)NTRAC5 _ c. ENCROACHMENT AGI EEMlad\Icf 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 COLLEGE DISTRICT, a political subdivision of the State of Texas, acting herein by and through its duly authorized representative hereinafter referred to as "Grantee", Owner of the property located at Block 13, bounded by the following streets (Belknap, Grove, the former Bluff, and Jones) and Block 14, bounded by the following streets (Belknap, Pecan, Bluff, and Grove), Fort Worth Original Town, Fort Worth, Tarrant County, Texas of the Tarrant County College District Downtown Campus Addition ("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 1 -1 0-'l OE A l 1: 04 i 14 OFFICIAL RECORD CITY SECRETARY Et WORTH, TX follows. The improvements shall be constructed pursuant to the plans and specifications approved by the City and involve: a) The abandonment of the existing sanitary sewer line L-1904* west of Pecan Street. b) The installation of a four inch diameter sanitary sewer force main conduit inside an eight inch diameter casing pipe within the right of way of Grove Street. Grantee agrees to be responsible for maintaining the sanitary sewer line across and within the right of way of Grove Street. 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. c) The installation of sleeves or conduits across existing and proposed right- of-ways as shown on attached Exhibits "B", "B-3", and "B-4". The sleeves are proposed for irrigation, security (fiber optic lines), and power (electric). Sleeves proposed for the campus are across Belknap Street and Grove Street. The sleeves will be placed prior to street reconstruction of the existing streets "downtown". The location and description of said improvements are more particularly described in Exhibits "B", "B-3" and "B-4", 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 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 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 as Exhibits "A", "B", "B-3" and "B-4". 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. 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, Grantee understands and agrees that 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. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. 7. 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. 8. 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, that this Agreement shall automatically terminate. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 at the time this Agreement is executed a fee in the sum of Five Hundred and Thirty Five Dollars ($535.00). 14. 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 described in Exhibit "A". The amounts of such insurance shall be not less than the following: $1,000,000 Commercial General Liability 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 Insurance is attached as attached as Exhibit 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. 15. 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 16. 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. 17. 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. 18. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 19. This Agreement shall be binding upon the parties hereto, their successors and assigns. 1Prir EXECUTED this 1 day of City City of Fort Worth was By: Janw+204 cL Fernando Costa Assistant City Manager ATI FST: rza43L, Contract Authoriz 'l 1 xi 1» Date ,2010 . Grantee Tarrant County College District A Political Subdivision of the State of Texas 7.6 By: Name: Title: rcknoc€ (tear Approved As To Form and Legality �-o'°t-11:41:1AsA ,9,1),J,62Avim sistant City Attorney satortir ts,1/4 ua oo 0 o�o‘o° u oo o oa¢ a tig / 4 o *woo �.oa000°° .� OFFICIAL RECOK(4 CITY SECRETARY Ft WORTH, TX 8 SIAIE OF IExAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared pnand* G0ea, 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 WOJ TC 1, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this V-itday of ddatfrate/ , 2010. Notary Public in and for the State of Texas EVONIA DANIELS MY COMMISSION EXPIRES July 10, 2013 \' 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 effeReg ee of TARRANT COUNTY COLLEGE DISTRICT, 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 COLLEGE DISTRICT, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ID� day of 20 /a P:1FW\205140001Documents\Blocks 13 and 14 Enc Agmnt.doc Notary Public in and for the State of Texas • KAREN 3. BURKHART Notary Pubnne, State of Texas My Commission Expires May 19, 2013 vv".,✓ LO PEZ GARCIA CRDLJP Aril Ft v • • -,. •1 , ,• . • 'a. N ABANDONED ')""\ 6R5SN,L--1904 , . . . . EXHIBIT • .'-^, •'•••• •- • • \•<-•. A 0 40 \9R,40,HI6,\SCALE IN KgET 80 SANITARY SEWER ENCROACHMENT ACROSS GROVE STREET LS TARRANT COUNTY COLLEGE LOPEZGARCIA GROUP DOWNTOWN CAMPUS 100 E, 15th Street Suite 200 Fort Worth, Texas 76102 www.Iggroupinc.com (817) 390-1000 (817) 882-9462 Fax MAY 3, 2010 SCALD I' = 300' EXHIBIT. 'B' OVERALL LOCATION MAP OF PROPOSED SLEEVES CROSSINGS TARRANT COUNTY COLLEGE DOWNTOWN . -CAMPUS lialiginlppniralli Xi intittintill. ra aerr tatiniaall •. an an tat lawn �'l • .• •• ; •• •• ! . • .•7 •,•8. -•.•:•.: ii... ♦- .�L.7fr 1y A, •;y�t+>,. �'.•1 i2Jh.� .� •a.. •:SKt 9 . - ,a� , •�.. •ter. , ...�.. � • '� ��i�': otobokevitestigordAti geolortige wfvesq.b.10 r •• •:. •I•• •••••• ••••• ••t••{'I:i••r••t•••••i••• •:.• •7-1•,.•• •r • .•,•L.i.%,• �L••4•••i •7•••`••• •t•• 1•0••••I• •, • •4,• •••• •L -� • t i • •:• 4••• •• 1 •1•• •• '•• a •••:• ••• • •Ij•••,• • • ••.••• • i•,• • • •• •• • • • • •• • • •• •• •11YYi. ..••• •. •• •• 1• •• • • ••• •_ • ••• n 1 y♦ 1,L i•d-•a{� .•••••••,• • en •-_ • -d��,�j. _� • •L•••• 1,•••••k6:•rr•••, • 'Mt...X.T •,•• f••4 — •• • •.•• •r • ••• 11. • C_ li . IAI N•.u'..Htt�, •iM W+•r.•«i �.L.l::� -_.- ... ..• mix-•.�•i'..�n.l�•t•«.�...(. «.;...•...... • r Lr1?? ..r I .ii - :VP 42•I jj �14%111 - �r � ti n- "la. • 4 •:t'1:1 _NI'seIC"4:141• IrktKae.ktill' .'TII • •11.�1u- ." •• �_th • _ •.« Ott 'Lou . ,,. •• ' I, r.•,,,tf �� �,.- ' r^"'u!l.... •.▪ iL .•. -. . :ea La it itti A• tt.rat ▪ w niVACUA ma= Sill lila sass his" nadflliliflflt11111l15 • ••• • •.t 4.1 •. .••i •i• .• 1••0. T.• • ••• CALHOUN STREET II�- IIfTw,E�Ilii�i.� _ . __� ,•�.:.-"t .. _ ' XvfesPC/3•144/01".114-11...320. ifagt,05:1*-1-Pcittc,13.02741, 1,44 ;istm:::;::'e,p:;:;::;A..1. 0:::::;;;;;‹ •. ,\, ly�\\a�te# S•/Jiy✓/.` / %. lei, '�••: k...•1ba �\=r��ai��1C \,Cp`,•4, jv.".S�C",`Cr 04.Vat �\�•\�\\'�\`" % . •l` 'A % � �`J/:,1mArial te.t.:129..-A.,etict-drlei?Tridct ,, .ley .� . i:•< 1 .tC eer c �` C\\ \1 .\ ,\ \1 y i 11 1 v , \ ` iW� • e• • ••• . ••• s, :'•; •`.. .,• t •• ..!••••� .M•'I • • • NORTH 20 40 SCALE 1" = 40'-0" BELKNAP ST BRIDGE STA 12+95 (1) @ 95 L►F► DF 2' SLEEVE (IRRIGATION) (1) @ 95 L.F. DF 4' SLEEVE (IRRIGATION) BELKNAP ST BRIDGE STA 11+06 (1) @ 80 L.F. OF 2" SLEEVE (IRRIGATION) (1) @ 80 L,F, OF 4' SLEEVE (IRRIGATION) (4) @ 80 L,F, OF 21 SLEEVES (SECURITY) EXHIBIT B-3 PROPOSED SLEEVES ACROSS BELKNAP ST. TCCD, DOWNTOWN CAIVMPUS 03/24/08 80 P:1FW1205140001Design\Civ\CAD\Exhibit\Encroachment Exhibit\Sleeves & SS1SIeeves.dwg 1,.!',.1! \!! �/1 \`i 17" t/ 17-7Imo! , -.� / ! \!'^/'\ \ /1\71) 1 \ I'.; /..\f....L/ 1.�'\i1 1 � �.11 I,, I J I�1.1 ►. j\11 off 1P\f/ 1(‘,, J/'2.\// 11P' /1*"c11 .f /i �// ry. 1 ��1 \1 *�j \/_ /i PS /1 I�/I//j,s/,l ,1,1/ / "1 / l!` r r "1/ 4_/1 / '1� �1�/�'1r/` %I :-/ `,I✓,% �1%l 11""`.\11 • i"r 1. 4^ • + F. + t• 4, . fjj % +.t. + v +9 I / 4' + 4 + 4' 4 + 4. 44 4` 4 + .1. A. Y r + + + + .4..+ + 4 4` r • r 4 ,� + 4 ). + 4Tt \• \• •4. se .t. 1 4. + 4. 4 4. 4 \\ •`\ \`• 4 y 4"alkilne*C.44';'4°111° Aare. 4° IF iv Mk kts.:st• 4 •r 4 R •i y + .+ 4" + + • + .t. GROVE ST PAVING STA 0+58 (2) @ 44 L,F, 4' SLEEVES (IRRIGATION) (3) @ 44 L,F, 2' SLEEVES (POWER) (4) @ 44 L,F, 4" SLEEVES (SECURITY) ..• . ' ++ I 4 4 4 .4. 4•� 1 /�+ 4. + 4• '' J + y 4. + i. * `' 4 I 1. 4• + + 0 20 40 m • NORTH SCALE: 1" = 40'-0" y +4• • 44 +.t. 'v +• 4 4 4, .t• Oa + r ' 4 •' + + O •+• . oy, a L 4 + • • • •'• GROVE STREET .t. r 4 • • • • \ • • • • • •• • • • (..."1" +r + + y+fi+ y4-,F4• i'� 4• + + + + + + + + + +1 t + 4. + ► '+' + 4. i 4 r . , .r , + + + 4 4 • • • • • • • i 58'-0" BELKNAP STREET 80 P:IFW1205140001Design\CivICADIExhibitlEncroachment Exhibit\Sleeves & SS\Sleeves.dwg EXHIBIT B-4 PROPOSED SLEEVES ACROSS GROVE ST. TCCD, DOWNTOWN CAMPUS 03/24/08 ISSUE DATE AORDTM C RTIFICA OF INSURANC 11/08/2010 PRODUCER This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. coverage afforded by the policies below. 5080 Spectrum Dr., Suite 900E Addison, TX 75001 COMPANIES AFFORDING COVERAGE PHONE: (469) 232-2100 Company Lexington Insurance Company INSURED Tarrant County College District Company B 1500 Fort Worth, Houston TX Street 76102 Company C Company D Company E This any the is requirement, policies to certify that described the term policies or condition herein is of subject insurance of contract to all the described or other terms, document conditions herein have with and been issued to the respect to which exclusions of this such Insured certificate policies. named Limits may herein shown be for the issued may or policy have may been period pertain, reduced indicated. the insurance by paid Notwithstanding claims afforded by CO LT TYPE OF INSURANCE POLICY NUMBER EXPIRATION EFFECTIVE LIMITS OF LIABILITY A GENERAL LIABILITY 021435781 11/30/2009 EACH OCCURRENCE $ 1,000,000 I Commercial General Liability 11/30/2010 FIRE DAMAGE $ 300,000 ❑ Claims Made ® Occurrence 5,000 MEDICAL EXPENSE $ ElOwners' and Contractors' Protection PERS. AND ADVERTISING INJURY $ INCLUDED Prof. Liability w/ $1m Occ/Agg AGGREGATE 3,000,000 ® Prof. Liability Ded. $10,000 GENERAL $ ea/clm General Aggregate Limit applies per: PRODUCTS AND COMP. OPER. AGG. $ N/A 1j Policy ❑ Project ❑Location AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Any Automobile $ BODILY INJURY (Per person) ❑ All Owned Automobiles BODILY INJURY (Per $ accident) ■ Scheduled Automobiles $ ■ Hired Automobiles PROPERTY DAMAGE (Per accident) ❑ Non -owned Automobiles COMPREHENSIVE ❑ COLLISION WORKERS' COMPENSATION WC Statutory Limit Other AND EMPLOYERS' LIABILITY EL EACH ACCIDENT $ EL DISEASE (Each employee) $ EL DISEASE (Policy Limit) $ EXCESS LIABILITY EACH OCCURRENCE $ ❑ Occurrence ❑Claims Made AGGREGATE $ $ $ $ $ $ RE: Conduit Encroachment Agreement CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. City Attn: of David Fort Worth Schroeder Authonzed Representative 1000 Fort Worth, Throckmorton TX 76102 ----- (° ) Page 1 of 1 Certificate ID # ZL87A282 M&C Review Page 1 of 1 r7TY COUNCIL AGtn1©i?; COUNCIL ACTION: Approved on 7/27/2010 DATE: 7/27/2010 REFERENCE C-24367 LOG NAIVIF: NO.: CODE: C TYPE: NON- PUBLIC CONSENT HEARING: SUBJECT: Authorize the Execution of an Encroachment Agreement with Tarrant County College District for the Installation of a Private Four -inch Sanitary Sewer Force Main Beneath the Belknap Street and Grove Street Rights -of -Way (COUNCIL DISTRICT 9) Official site of the City of Fort Worth, Texas FORT WORTH san%str- 06TCCD SANITARY SEWER FORCE MAIN NO RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an encroachment agreement with Tarrant County College District for the installation of a private four -inch sanitary sewer force main beneath the Belknap Street and Grove Street rights -of -way. DISCUSSION: Tarrant County College District has requested use of the public right-of-way for the installation of a private 4-inch sanitary sewer force main beneath the Belknap Street and Grove Street rights -of -way to support the buildings they are constructing on the Downtown campus. The Encroachment Committee, consisting of staff from the Transportation and Public Works Department, Water Department and the Planning and Development Department has reviewed and approved this encroachment request. The fee for the privilege granted by this Agreement will be $575.00. The term of the Agreement will be 30 years. The 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 FROM Fund/Account/Centers 0001 421232 0062000 $575.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Susan Alanis (8180) Additional Information Contact: David Schroeder (2239) ATTACHMENTS TCCD - Grove Sewever Encroachment.pdf http://apps.cfwnet.org/council packet/mc_review. asp?ID 13909&councildate=7/27/2010 10/26/2010