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Home My WebLink AboutContract 44480� .i. ENCROACHMENT AGREEMENT 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 Planning and Development Department Director, hereinafter referred to as the "City", and Fort Worth Transportation Authority, a political subdivision of the State of Texas, created pursuant to and in accordance with Chapter 452 of the Transportation Code, acting herein by and through its duly authorized President / Executive Director hereinafter referred to as "Grantee''. 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 encroach upon, use and/or occupy portions of the space under, on and/or above the parkway, sidewalk areas and other public rights-of-way, such Improvement(s) are described as follows: RECEIVEn MAY 2 4'lc�i3 1 OFFICIAL RECORD �ITY SECRETARY F7'. WORTH, TX J Installation of up to 30 bike sharing stations located throughout the City. A bike station consists, generally, of an information kiosk and bicycle docks. The locations 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 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 permanent encroachments on or above the surface area of the public rights-of-way involved, except as described herein and shown on the hereinabove referred to Exhibit "A". 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 2 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. 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 to City at the time this Agreement is executed a fee in the sum of Ten Dollars ($10) for all stations. 7. 3 The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by 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, Grantee 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 ("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 �egislature; 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 or 0 overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, 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. 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, and all persons performing same, and shall be solely responsible for the acts and s e 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. 14. GRANTEE COVENANTS AND AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW AND THE TEXAS CONSTITUTION, 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 PERSONA� 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, �ICENSEES 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 SHALL, TO THE FULLEST EXTENT 0 � PERMITTED BY LAW AND THE TEXAS CONSTITUTION, 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. 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 "B". 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. 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 Encroachment 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 attorney's fees. : 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. 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATION CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. : F�•II] This Agreement shall be binding upon the parties hereto, their successors �-��t � �% and assigns. EXECUTED this �_ day of-�a�y, 2013. City: City of Fort Worth Grantee: Fort Worth Authority /J_ � By: : n��z_ ( �� Randle Harwoo i� Director Planning and Development ATTEST: � . _.� / ;�y> Secretary By: . Transportation Aritho�v V. Johnson Executive Vice President Chief Operating Officer Approved As To Form And Legality 7 , ��,lv1,I,i'rf�,� d //.': yl�i'a M. Hartless eneral Counsel rt Worth Transportation Authority Approved As To Form �� Ww I �. � � , �" � � ��. �� /` � �.� 1 � Senior` "ssistant City Attorney ��i � i �� 0 OFFI�IAL FtEC�iRD �ITY SECR�'�AFtX �'T. WO�tTH, TX STATE OF TEXAS COUNTY OF TARRANT � § � �,� Y �rt(; ` � �UaX��._ { J BEFORE ME, the undersigned auth Texas, on this day personally appeared , a Notary Public in and for the State of , 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 � 20 . '" IRMA SAENZ s � . Notary Publlc � . STATE OF TEXAS My Comm. Exp. Jan. 28, 2016 � `� day of �� L . � � , r ��;',,� . :._, ;�_ ; .; Notary Public in and fo�the State of Texas �1 STATE OF TEXAS COUNTY OF TARRANT 0 � BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Anthony V. Johnson, 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 Fort Worth Transportation Authority, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFI , 201�3 . � GINA GUiIERREZ Notary Public, State of Texas My Commission Expires December 20, 2014 this � day of f�otary Public in and for the State of Texas ffl �iT1• -'�'�►61iii� 4 9 12 14 15 24 26 31 33 Belknap & Taylor Magnolia & Henderson Trinity Park Magnolia & Lipscomb W. 7th St. & Stayton T&P South Park Place & Enderly Convention Center North T&P North 34 S. Main & Daggett 36 Magnolia & Hurley 38 Gendy & Lansford 40 2597 W. 7th St. 53 61 64 66 71 73 5th & Penn Central Library Fort Worth Bike Sharing Approx. Address 420 West Belknap Street, Fort Worth, TX 76102 1302 South Henderson Street, Fort Worth, TX 76104 2500 River Drive, Fort Worth, TX 76102 902 West Magnolia Ave., Fort Worth, TX 76104 2353 West 7th Street, Fort Worth, TX 76107 280 West Vickery Bivd., Fort Worth, TX 76104 1700 Park Place Ave., Fort Worth, TX 76110 137 East 9th Street, Fort Worth, TX 76102 Nearest Intersection Belknap & Taylor Magnolia & Henderson River Drive & Cedar Elm Road Magnolia & Lipscomb West Seventh & Stayton Vickery & South Main Park Place & Enderly 9th & Main 220 West lancaster Ave., Fort Worth, TX 76102 Lancaster & Houston 120 East Daggett Ave., Fort Worth, TX 76104 1561 West Magnolia Ave., Fort Worth, TX 76104 1400 Gendy Street, Fort Worth, TX 76107 2597 West 7th Street, Fort Worth, TX 76107 603 Penn Street, Fort Worth, TX 76102 500 West 3rd Street, Fort Worth, TX 76102 201 South Calhoun Street, Fort Worth, TX 76104 City Place 264 Throckmorton Street, Fort Worth, TX 76102 Convention Center West 1430 Houston Street, Fort Worth, TX 76102 , City Hall 269 West 10th Street, Fort Worth, TX 76102 South Main & Daggett Magnolia & Hurley Gendy & Lansford 7th & Woolery �iii��( -i�'li "i7 3rd & Lamar Dagget & South Calhoun 2nd & Throckmorton 14th & Houston 10th & lennings Exhibit A �� d - �,,,� . , M. : � �r"� � ��, n > � . � - � �'� �'�; �� r� �;. ��vw� ,. � r ` ; �� T* , _�� .. .. . � ,"'tP �. t , .. , �i. � ' �. --.� , ... � 4 � � ��'�.:' .. -,.,;�,' � ...,, -. ' y.. ..,.,... _ �� . �. � � a�p�� . � u�t� _ � r� � �� , � � ,�� -.„ , �" � �'��. b�r � _m � � �� r �x �.;r, �� { �� _: .__.. �u�� ._� , �� ; �� t�� - � _, : u� .��:� � � �:' �� Station 31— Convention Center North on north side of 9th Street (across from Convention Center), between Commerce and Main Approximate address: 137 E Ninth Street • Single-sided station • Docks: 13 (7 bases) • Non-bolted bases • Public ROW: Yes • Solar: Yes • Trenching: No • Power source: solar Station 33 —T&P Station North On Lancaster, at NW corner of Lancaster and Houston Approximate address: 220 W Lancaster Ave. • Single-sided station • Docks: 23 (12 bases) • Bolted bases • Public ROW: Yes • Solar: Yes • Trenching: No Station 38 — Gendy & Lansford In front of Western Heritage Parking Garage, on west side of Gendy St., just north of intersection with Lansford St. Approximate address: 1400 Gendy Street • Double-sided station • Docks: 22 (6 bases) • Bolted bases (will need to pour 18'x33' concrete pad) • Public ROW: No (City-owned property) • Solar: Yes • Trenching: No • Power source: solar Station 40 — 2597 W. 7th St. on West Seventh St., near main entrance to Montgomery Plaza Approximate address: 2597 West Seventh Street • Single-sided station • Docks: 15 (8 bases) • Bolted bases (wil) need to pour 7'x43' concrete pad) • Public ROW: Yes • Solar: Yes • Trenching: No • Power source: solar Station 53 — 5th & Penn West side of Penn St., between 5th and 7th. Approximate address: 603 Penn Street • Single-sided station • Docks: 11 (6 bases) • Bolted bases • Public ROW: Yes • Solar: Yes • Trenching: No • Power source: solar Station 61— Centra) �ibrary On north side of 3rd St., in between Burnett and Lamar Approximate address: 500 W Third Street • Single-sided station • Docks: 9 (5 bases) • Non-bolted bases • Public ROW: Yes • Solar: Yes • Trenching: No Station 64 - Fort Worth Bike Sharing Approx. Address: 201 South Calhoun Street On east side of S. Calhoun, in between Daggett and Broadway • Single-sided station • Docks: 7 (4 bases) • Bolted bases • Public ROW: Yes • Solar: No • Trenching: No • Power source: conduit to building (Supreme Golf Warehouse) Station 66 — City Place on east side of Throckmorton St., in between Weatherford & 2nd St. Approximate address: 264 Throckmorton Street • Single-sided station • Docks: 13 (7 bases) • Bolted bases • Public ROW: Yes • Solar: No • Trenching: Yes • Potential power source: bus stop or electrical box on the ground , � � ` � �4 � !� '�, � ; �� G �� . ` �_ � � -��- � - ... �. � � } � � � : . � � . � ' � � �� ,. � � + � �ti __�'�_ � `� � $�� — . � �f , r y � � . _ � �� . � -� r � o, �� , �l.,� �, .. . � � �„� — � _ �v � t � � � � a �-�� _ � " ' ; � �� ' �. _ , �. . . c. ... . e i p � � --- _ � 3 . � � j � � �� „ ; � �� ., . .._. Y� ` a � F � � 4 � � ��.. � ; .. *. �a_: 3 � - �. � ; �=' �� ' � . . � . � ,!�, � � -�---``^ � S� k m , K, � _ - `y:. .� � y � ',. , � ... ��'� .v �, � � � ;w , ;� . . � �,,. �� Station 73 — City Hall Along south wall of Municipal Building, on north side of 10th Street, between Jennings and Monroe Approximate address: 269 West 10th Street • Single-sided station • Docks: 11 (6 bases) • Non-bolted bases • Public ROW: Yes • Solar: Yes • Trenching: No �� J�� INTERGOVERNMIIYI'AL lLISK POOL Certificate of Coverage E�IBIT B TML-IRP Contract NumBer: 3417 Member: Gompany Affording Coverage: Fort Worth Transportation Authority Texas Municipal League Intergovernmental Risk Pool Mr. Inmon M�ley PO Box 149194 RisklSafety Manager Austin, TX 78714-9194 1600 E Lancaster Ave (512) 499-2300 or (80Q) 537-6655 Fort Worth,Texas 76102-6720 Fax: (512) 491-2404 Certificate Holder: City of Fort Worth 1000 Throckmorton St Fort Worth, TX 76102-6300 This is to certify that the caverages listed below have been provided to the member and are in effect at this time. Notwithstanding any requirements, ferms, or conditions of any other contract or agreement with respect to which this ce�tificate may be issued or may pertain, the coverage afforded by the Texas Municipal League tntergovernmental Risk Poai (TML-IRP) described herein is subject only to the terms, exclusions and additions of TML- IRP's coverage contracts between TML-IRP and its member(s). Coverage is continuous until canceted. General Liability Effective Date: 10/1/2012 Real & Personat Property Effective Date: Anniversary Date: 10l1/2013 Anniversary Date: Limits of Liability (Each Occurrence): $3,000,000 Limits oE Coverage: Sudden Events Involving Pollution (Each Occurrence): $2,00O,OOd Deductible per Occurrence: Annual Aggregate: $6,000,000 Mobile Equipment Effective Date: Deductible per OccuRence: $1,000 Anniversary Date: Law Enforcement Liability Effective Date: Limits of Coverage: Anniversery Qate: Deductible per Occurrence: Limits ot Liability (Each Occurrence): Boiler & Machinery - Broad Form Effective Date: Annuai Aggregate: Anniversary Date: Deductibie per Occurrence: Per Accideni Limit: Errors and Omissions Liabiiity Effective Date: Deductibie per Occurrence: Anniversary Date: Yes No �.imits of Liability(Each Wrongful Act): Mortgagee Annual Aggregate: Loss Payee beductible per Occurrence: Loan Number: Auto Liability Effective Date: YearlMake/Model VIN Value Anniversary Date: Umits of Liability (Each Occurrence): Deductible per Occurrence: Auto Physicai Damage Effective Date: Anniversary Date: Limits of Liabfiity; Collision Deductible: Compreshensive Deductibfe: Yes No Loss Payee: Loan Number: DESCRIPTtON: Evidence of coverage for Encroachment Agreement for Bike Sharing Stations. Cancellafion: Shoutd any of the above described coverages be canceled before the anniversary date thereof, TML-IRP will endeavor to mail sv aays written notice to the above named certificate hoider, but failure to mail such notice shall impose no obiigation or Iiabiiity oE any kind upon TML-fRP. t �1�� Date Issued 1/17l2013 X102 02/16106