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HomeMy WebLinkAboutContract 47345 (2)fres - RELCSNED oB-; 22015 cim voNnuiticA dal ,a imti • RIGHT OF WAY ENCROACHMENT AGREEMENT (COMMERCIAL) 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 Planning and Development Department Director, hereinafter referred to as the "City", and Fort Worth Country Day School , acting herein by and through its duly authorized Stephen Stackhouse, Asst Head of School hereinafter referred to as "Licensee", Owner of the property located at 4200 Country Day Lane, Fort Worth, TX 76109 ("Property"). AGREEMENT 1. For and in consideration of the payment by Licensee of the fee set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Licensee 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: Install 1-4" PVC Conduit through bored crossing under Bryan Henderson Drive 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. 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 2014 ROW Encroachment Agreement -Commercial OFFICIAL RECORD CITY SECRETARY [Ft WORM) TX 1 Page 1 of 10 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 Licensee 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 heremabove referred to Exhibit "A". 4. Licensee, 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, Licensee 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, Licensee understands and agrees that City shall bear no responsibility or liability for damage or disruption of improvements installed by Licensee or its successors, but City will make reasonable efforts to minimize such damage. 2014 ROW Encroachment Agreement -Commercial Page 2 of 10 6. 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, Licensee agrees to pay to City at the time this Agreement is requested an application fee in the sum of Three Hundred and Twenty -Five Dollars ($325.00). Upon execution of this Agreement and annually thereafter, Licensee agrees to pay a fee in the amount of $.56 per square/linear foot of the encroachment area. 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City of Fort Worth. Provided however, this Agreement shall terminate upon the non-compliance of any of the terms of this Agreement by the Licensee. City shall notify Licensee of the non-compliance and if not cured within thirty days this Agreement shall be deemed terminated. 8. Upon termination of this Agreement, Licensee 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 Licensee that if this Agreement terminates and Licensee 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. 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 2014 ROW Encroachment Agreement -Commercial Page 3 of 10 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. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain and locate the Improvements over or within the described public right of way and is not a conveyance of any right, title or interest in or to the public right of way nor is it meant to convey any right to use or occupy property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permission before occupying such property. 11. Licensee 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. Licensee 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. Licensee 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, 2014 ROW Encroachment Agreement -Commercial Page 4 of 10 servant or employee of City and Licensee 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 Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY 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 LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND 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 LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 2014 ROW Encroachment Agreement -Commercial Page 5 of 10 15. While this Agreement is in effect, Licensee 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 Licensee that such insurance amounts shall be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee 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 "B". Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. Licensee 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 Licensees' contractors. 16. Licensee 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. 2014 ROW Encroachment Agreement -Commercial Page 6 of 10 17. In any action brought by the City for the enforcement of the obligations of Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee 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 Director of Planning and Development. Any attempted assignment without prior written approval will be void. 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 day of ,2 2014 ROW Encroachment Agreement -Commercial Page 7 of 10 City City of Fort Worth By: Randle Harwood, irector Planning and Development ATTEST: City Secret ry eati Licensee For Worth Country Day School By: Name:_Stephen Stackhouse Title:Asst. Head of'School Approved As To Form and Legality Assistant City Attorney ;� �r MO M �� �� 1t EQUIIR .� . OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 2014 ROW Encroachment Agreement -Commercial Page 8of10 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 Randle Harwood, 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 DER MY HAND AND SEAL OF OFFICE this CASSANDRA F. FOREMAN Notary Public, State of Texas My Commission Expires Ap►il 26, 2017 sississeignasi Notary Public in and for the State of Texas 2014 ROW Encroachment Agreement -Commercial Page 9of10 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 Stephen Stackhouse, Asst Head of School, 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 Fort Worth Countfy Day School, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I ¶ day of 4V feF Liner , 20 ifj . �aY a f, CANDI RATH •," 'Visite`Notary Public, State of Texas MyCommission Expires lilt.. �f*= April 29, 2017 Notary Public in and for the : • State of Texas 2014 ROW Encroachment Agreement -Commercial Page 10 of 10 1 GRAPHIC SCALE IN FEET NORTH 40 0 40 80 BRYANT IRVIN ROAD u 610 600 590 I )+00 roo�coR �FR 4_, E t-7.,_ -Dc in r.�'IQ, In,. CONFIRM EXACT LOCATION EXISTING UG ELECTRIC PRIMARY THIS AREA NEW TRANSFORMER BY ONCOR w FORT WORTH COUNTRY DAY SCHOOL M NEW 4" CONDUIT BY BORED CROSSING EX 24" WATER TENNIS CENTER PLAN - NEW ELECTRIC CONDUIT SCALE: 1- = 40' 1••c0 PROFILE - NEW ELECTRIC CONDUIT � � I w w z*z 11RON ROD FOUND NOTES: 1. LOCATIONS OF EXISTING UPLITIES IS FROM BEST AVAILABLE INFORMATION. PRIOR TO COMMENCING CONSTRUCTION, CONTRACTOR SHALL VERIFY LOCATIONS AND DEPTHS OF AU. EXISTING UTILTIES. NOTIFY ENGINEER IF DISCREPANCIES ARE DISCOVERED. 2. CONSTRUCTION SHALL BE IN ACCORDANCE WITH STANDARDS AND REQUIREMENTS OF THE CITY OF FORT WORTH. 3. DEPTH/ELEVAT1ON OF EXISTING 24" WATER MAIN IS FROM CONSTRUCTION PLANS PREPARED BY KIMLEY—HORN, DATED FEB., 2008. EINBBaird, Hampton & Brown, Inc. Engineering Ec Surveying v4.„.u.-IY\n n,l, L pll— lm,.p'Ipsw l,Y +�+� uumc , �um,il ru:.coI:r.A,IM,,,(Imu, I I E EWCD h1RYW,A 171 BENNETT■ BENDIER PARTNERS ARCHITECTS+ PLANNERS 5P) Nes Sew1th Sa!t 140) FCR Wr1, Tcuc 76107 TN817335.4591 id+ 8171377.1651 �wwtlpu.[o"1 • pmle t No. 15132.00 haup 0mc Augo5111.2015 Roo. Owe plbn Dote ENCROACHMENT EXHIBIT C5.0 ACOR CERTIFICATE OF LIABILITY INSURANCE FORTWOR-10 HOLANI DATE (MM/DD/YYYY) 11/13/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 4682 Fort Worth, TX -Hub International Insurance Services 421 West Third Street, Suite 800 Fort Worth, TX 76102 INSURED Fort Worth Country Day School, Inc. 4200 Country Day Lane Fort Worth, TX 76109 COVERAGES CONT NAMEACT Brenda McCaw (A/co,NNo, Extt: (817) 820-8100 ac, No: (817) 870-0310 E-MAILDSS: ftw.service@hubinternational.com INSURER(S) AFFORDING COVERAGE INSURER A: Massachusetts Bay Insurance Company INSURER B :Allmerica Financial Benefit INSURER C : Hanover Insurance Company INSURER D INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER* NAIC # 22306 41840 22292 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR EXP LTYPE OF INSURANCE INSD ADDL SPOLICYUBR VD POLICY NUMBER (MM/DDPOLICY /YYYY) (MM/ EFF W1 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO X LOC JECT OTHER: AUTOMOBILE LIABILITY B X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB DED I X I RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below SCHEDULED AUTOS NON -OWNED AUTOS X OCCUR CLAIMS -MADE 0 Y/N N 1 N/A LDDA721684 09/01/2015 09/01/2016 AWDA722137 09/01/2015 09/01/2016 UHDA721685 09/01/2015 09/01/2016 W2DA717746-01 LIMITS EACH OCCURRENCE DAMAGE TO REN 1 ED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X I STATUTE I IOT EERH 09/01/2015 09/01/2016 E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000 10,000,000 10,000,000 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The General Liability and Automobile Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status subject to policy terms and conditions. The General Liability,Automobile Liability and Workers' Compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it subject to policy terms and conditions. CERTIFICATE HOLDER City of Fort Worth Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, TX 76115-1499 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD