HomeMy WebLinkAboutContract 42728CITY SECRETARY �2 28 CONTRACT NO.
ENCROACHMENT AGREEMENT
1.'
STATE OF TEXAS §
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 Planning and Development Department Director (City) and the Fort
Worth Transportation Authority (The T), a political subdivision of the State of Texas,
pursuant to Chapter 452 of the Transportation Code, acting herein by and through its duly
authorized President /Executive Director or duly designated Executive Vice
President /Chief Operating Office (Grantee), Owner of the improvements located on
properties listed in Exhibit "A ".
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:
The two proposed bus passenger shelters are shown on the plans, Exhibit
A. The shelters are part of a larger project to improve the transit
experience of bus passengers in the East Lancaster Avenue corridor. This
service has been identified as the SPUR *.
14 other shelters are located on TxDOT right of way, subject to a separate
permitting process.
Each of the two shelters will be located on a new concrete sidewalk pad
36' 8" in length and 9' 0" in width, average depth 6" with 12" thickened
depth for the kiosk and shelters' foundations. One shelter will be 9' 0"
long; the other will be 18' 0' long'. The 18' 0" long shelter will be
accompanied by an interactive information kiosk on the same pad.
The shelters are cantilevered in design; two columns support the 9'0"
shelter and three for the larger. Each shelter will have attached sPaLn
and trash container. The underside of the roof ti ill contain 1'eccA L r" -0T,p
aPrTA Y
t �A a ,�
lighting, powered from the grid, that will also power the real time dynamic
signage, informing passengers of the expected arrival of scheduled buses.
The kiosk will be powered by a solar energy cell.
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 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 Exhibit "A ".
0
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.
91
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
2
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improvements installed by Grantee or its successors, but City will make reasonable
efforts to minimize such damage.
M
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 Two Hundred Seventy -Five
Dollars ($275.00).
M
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 and The T.
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 improvements for the costs expended by the City to
remove such Improvement. These obligations shall survive termination of this
Agreement.
a
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 or 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.
3
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, if applicable, 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 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 CONSTITUTION OF THE STATE OF
TEXAS, TO INDEMNIFY, AND DOES HEREBY AGREE TO 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 ALA.
LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS.
GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY, TO THE FULLEST EXTENT
PERMITTED BY LAW AND THE CONSTITUTION OF THE STATE OF
TEXAS, 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:
$1,000,000 Commercial General Liability
with the understanding of and agreement by Grantee that such insurance amounts shall be
revised upward at City's option and that Grantee shall so revise such amounts
It immediately following notice to Grantee of such requirement. Such insurance policy
shall provide that it cannot be canceled or amended without at least ten (10) days prior
written notice to the Building Official of the City of Fort Worth. A copy of such
Certificate of Insurance is attached as Exhibit "C ". Grantee agrees to submit a similar
Certificate of Insurance annually to City on the anniversary date of the execution of this
Agreement.
4
Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and
keep in force such public liability insurance at all times during the term of this
Agreement and until the removal of all encroachments and the cleaning and restoration of
the Encroachment properties shown on Exhibit "A ". All insurance coverage required
herein shall include coverage of all Grantee's contractors.
16.
Grantee agrees to deposit with the City when this Agreement is executed a sufficient
sum of money to be used to pay necessary fees to record this Encroachment Agreement
in its entirety in the Official Public Records of Tarrant County, Texas. After being
recorded, the original shall be returned to the City Secretary of the City of Fort Worth,
Texas.
5
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17.
In any action brought by the City for the enforcement of the obligations of Grantee,
City shall be entitled to recover interest and reasonable attorney's fees.
Grantee covenants and agrees that it will not assign all or any of its rights, privileges
or duties under this contract without the prior written approval of the City Manager or
designee. Any attempted assignment without prior written approval will be void.
This Agreement shall be binding upon the parties hereto, their successors and assigns.
EXECUTED this Z$ day of Of CO1 OM , 20 jf
City of Fort Worth
ATTEST:
L4114 %/ n
t- City Secretary
Approved as to Form and Legality:
Assistant City Attorney
NO M&C iti-:Q 1IRED
Fort Worth Transportation Authority
Y:
ichard L. Ruddell
President /Executive Director
As To Form And Legality:
3•�P.
YSylv a &MlHartless
General Counsel
Fort Worth Transportation Authority
6
C:1 1 A.' i,'V j
ACKNOWLEDGMENTS
It
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 UNDER MY HAND AND SEAL OF OFFICE this day of
0►x t C.n�t�ti , 24 / I
f
' V P&,
IRMA SAENZ G��1v � k cZl
;`.''' " Notary Public, State of Texas Notary Public in and for the
M Commission Expires
` Y 28, 2012 State of Texas
a F *' January
t
,`,,•',
4 A
7
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 Richard L. Ruddell, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, as the
President /Executive Director of the Fort Worth Transportation Authority, and in the
capacity therein stated.
GI EN UNDER MY HAND AND SEAL OF OFFICE this �` day of
,20—LL.
Notary Public in and for the
State of Texas
DETRA DIANNE NIHITMd
= MY COMMISSION EXPIRE..
= April 22, 2013
CITY SECFr.TARY
i
Fort Worth Transportation Authority (The T)
49 Exhibit A
East Lancaster Avenue Transit Enhancement Bus Shelters
Schedule of locations
Shelter number City Address
Site 16 north 3128 Halbert Street
Site 16 south 6619 East Lancaster Avenue
Total Number: 2 shelters
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I. UNDER PAVEMENT CONDUITS SWA-L BE INSTALLED A MTNIMU9
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2. N PAROIWY CQDWT S44LL BE A MNMtt 30' BELOW TOP
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4. THE CONTRACTOR SHALL BE AN ACTIVE PARTICIPANT OF
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5. MAR�EPB &WALL BE INSTALLED AT 50T14 ROW LIES AND
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TT L Certificate of Coverage
INTERGOVERNMENTAL RISK POOL
JJ&-IRP Contract Number: 13417
ber:
Company Affording Coverage:
Fort Worth Transportation Authority
Texas Municipal League Intergovernmental Risk Pool
Mr Inmon M Wiley
Risk/Safety Manager
1600 E Lancaster Ave
Fort Worth,Texas 76102 -6720
PO Box 149194
Austin, TX 78714 -9194
(512) 491 -2300 or (800) 537 -6655
Fax: (512) 491-2404
Certificate Holder:
City of Fort Worth
1000 Throckmorton St
Fort Worth, TX 76102 -6300
This is to certify that the coverages listed below have been provided to the
member and are In effect at this time. Notwithstanding any requirements,
terms, or conditions of any other contract or agreement with respect to which
this certificate may be issued or may pertaln, the coverage afforded by
the Texas Municipal League Intergovernmental Risk Pool (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 canceled.
General Liability Effective Date: 10/1/2011
Real & Personal Property Effective Date:
Anniversary Date: 10/1/2012
Anniversary Date:
Limits of Liability (Each Occurrence): $3,000,000
Limits of Coverage:
Sudden Events Involving Pollution
(Each Occurrence): $2,000,000
Deductible per Occurrence:
ual Aggregate: $6,000,000
Mobile Equipment Effective Date:
ctible per Occurrence: $1,000
Anniversary Date:
Limits of Coverage:
Law Enforcement Liability Effective Date:
Anniversary Date:
Deductible per Occurrence:
Limits of Liability (Each Occurrence):
Boiler & Machinery - Broad Form Effective Date:
Annual Aggregate:
Anniversary Date:
Deductible per Occurrence:
Per Accident Limit:
Deductible per Occurrence:
Errors and Omissions Liability Effective Date:
Yes No
Anniversary Date:
Limits of Liability(Each Wrongful Act):
Mortgagee
Annual Aggregate:
Loss Payee
66ductible per Occurrence:
Loan Number:
Auto Liability Effective Date:
Year /Make /Model
VIN
Value
Anniversary Date:
Limits of Liability (Each Occurrence):
Deductible per Occurrence:
Auto Physical Damage Effective Date:
Anniversary Date:
Limits of Liability:
Collision Deductible:
Compreshensive Deductible:
Yes No
Loss Payee:
Loan Number:
DESCRIPTION:
Evidence of coverage for the East Lancaster Bus Enhancement Project.
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML -IRP will endeavor to mail
0 days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind
TML -IRP
Authorized Representative Date Issued
10/17/2011 X102
02/16/06