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HomeMy WebLinkAboutContract 42087ENCROACHMENT AGREEMENT STATE OF I ERAS COUNTY OF TARRANT CID( SFertnrwr CONTRACT ► Mrr(ry'u{ 0 , Y / a _� � � .1 L= r l 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 Texas Christian University, acting herein by and through its duly authorized Vice Chancellor for Finance, Brian G Gutierrez, hereinafter referred to as "Grantee", Owner of the property located at 3549 Bellaire Drive North. 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, I OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 08-05-'I �1 /. '• �1 . -4 I N sidewalks and other public rights -of -way, such Improvement(s) are described as follows: Excavate and place two (2)-10" CHS/R chill water lines 4" feet deep and replace street to original condition. 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. 2 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". 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 3 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 Five hundred and seventy five _ Dollars ($ 575.00_). 7. The term of this Agreement shall be for thirty years, commencing on the date this Agreement is executed by the City of Fort Worth. 8. 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 hen on the Property for the costs expended by the City to remove such Improvement. 4 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 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. 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. 5 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 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 INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS 6 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, S UBCONTRACTORS, LICENSEES OR INVITEES OF THE CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR S UCH CLAIMS OR SUITS. GRANTEE 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 GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, S UBCONTRACTORS, 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 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 17. 8 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. 18. 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. 20. This Agreement shall be binding upon the parties hereto, their successors and assigns. 9 EXECUTFD this City City of Fort Worth By: Fernando Costa, Assistant City Manger anass.4‘2 ATTEST: ‘H( City Secret 10 11\ day of �-- ` � oct•A`Ss>afORt ALZkth 0000 4 9 (low Ye 0 \ ‘100 (Os, A 0 o © -Ada h 000000 era ‘‘44J'asx Paso? ,201 Grantee - Texas Christian University ir By: N(m6: Brian 12kiti rez Title: Vice Chanc-,.orfor Finance Planning and Development Approved As To Fora And Legality \\Akkuitl, 46itillo Assistant City Attorney C s-o Contract Authorization Date OFFICIAL RECORD CITY SECRETARY VT. WORTH, TX STATE OF TEXAS COUNTY ©F TARRANT B FOR1 ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa , 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. 11 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 024day of , 20/ . as S.C4 EVONIA DANIELS MY COMMISSION EXPIRES July 10,2013 Pnertas T na et: 41,4 ( Notary Public in sand for the State of Texas oFFOIAi k v- ORD CITY SECRETARY FT. WORTH, TX STATE- OF TEXAS COUNTY OF TAFRANT § BIFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Brian G. Gutierrez , 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 crtsflTvi$hon Uv lli'��Jt� anti •in �h� opacity th�i�ein stated. GIVEN UNDER HAND UNDER MY HAND AND SEAL OF OFFICE this I 79 day or L1, J 12 f/J~,\\ \\\\'. , i \\'t\'%.'.', 111111 .,:gi. 5ls: TERRY HAN EY 4{ i`' ` NOTARY PUBLIC STATE orTEXAS *; ��.h COMMISSION EXPIRES: "FOF:r 3. 1 1 o 1 2=2 O 1 1 1 Notary Public in :y nd for the State of Texas OFFICIAL RECORD CITY SECRETARY F% WORTH, TX ist B A 1 AREA OF ENCROACHMENT ACROSS CITY RIGHT-OF-WAY LOT 2R BLOCK 12 TCU ADDITION CHILLED WATER EXPANSION LINES r". J BELLAIRE DR. N. LOT 1 BLOCK 12 TCU ADDITION ATTACH TO EXISTING r—� CHILLED WATER LINES I/--1 1( 11 PARTIAL CAMPUS SITE PLAN - CHILLED WATER EXPANSION 1 (-1 SCALE 1" - 100.-0" 2 I III I I 1 1 1 1 1Tht/ J I J (T ' i--===3------------- 1 /1 MIDCOURT 2 PROPERTY LINE r STADIUM DR. B c z cc 2 w (75 > z o -Q X 1—a. W Q¢0 CC O }- w X w OO)CC1— 1— J17Q= 'S O0 CC O wmca0 w w Oaf Od alM w--u. O O FACILITIES PLANNING PHYSICAL PLANT BLDG, FT. WORTH TEXAS AMARK DATE DESCRIPTION I 05/18/09 NAME A. ROBINSON ISSUE: PROJECT NO: CAD DWG FILE: DRAWN BY: CHECKED BY: ALL DIMENSIONS ARE APPROXIMATE (CONTRACTOR TO FIELD VERIFY) SHEET TITLE CHILLED WATER EXPANSION SITE PLAN C1.0 SHEET 1 OF 1 • (2) 10" EXISTI INS FIRE MAIN LIGHT POLE NTO /R. ON VALVES FBOD GENERAL NOTES P0WER LI ���SUB01 POWER POLE IGHT PC LE AND ELEC. W," TUNNEL ,—SUBD SSWR SUBD ELEC AND COMM. Tl NNEL THE PROPOSED R❑UTING MAY EXPOSE A NUMBER OF EXISTING BURIED UTILITIES, SOME OF WHICH MAY NOT BE SHOWN ON THIS PLAN. EXERCISE CAUTION DURING EXCAVATION PROCESS TO AVID DAMAGE TO THESE UTILITIES. TRENCH SHALL BE EXCAVATION TO A DEPTH WHICH WILL ACCOMMODATE A MINIMUM 24' OF COVER AFTER INSTALLATION AND SHALL BE STRAIGHT AND UNIFORMLY GRADED. • IN ANY AREA WHERE ROCK OR UNYIELDING MATERIALS LARGER THAN 3' IS ENCOUNTERED DURING TRENCH EXCAVATI❑N, TRENCH SHALL BE OVEREXCAVATED A MINIMUM OF 6' AND BACKFILLED TO THE REQUIRED GRADE • BACKFILL PIPING IN ACCORDANCE WITH MANUFACTURER'S GUIDELINES • TRENCH TO BE 5' WIDE PARTIAL WORTH HILLS CAMPUS SITE PLAN I / SCALE: 1 /32" = — 0'. SUBD RRIGATION TUNNEL \17 ELEC. IRF.. TUNNEL LIGF T POLE J IRRI. AND COMM. WITFI TUt.'NEL , FBOD B0 ( WATER FAIN BRIG:K AND MA 4HOLES S —ORM DRAIN COI AM. LINE I 1 WATER MAINS-" NEW PIPING TRENCH OUTLINE C❑NSTRUCTI❑N ZONE FIRE EXISTING CHILLED WATER UNES HOT TAP INTO 14" CHS/R. ISOLATION VALVES 14" BRANDT IRAND1 CNOINCCPINO CO • TEXAS OOARD OF PROFG8010NAL NDINCGRD FIRM RC011TRA71ON NIJMIGR 1721. ENGINEERS SEAL FORT WORTH, TEXAS 1 1 I 1 1 1 0 Cv O 0 DRAWN BY: CHECKED BY: RT Ji�d ® DESIGN DEVELOPMENT ❑ CONSTRUCTION ❑ REVISION ❑ RECORD 'BRANDT JOB NUMBER: CUSTOMER JOB NUMBER: DESIGN -BUILD DOCUMENT IlJC1lLIIIxIt I1/C1 PIu'MN 1'IIIJ\101'11 R11R PRVIRW OP Rr$EI Ft11911 SUM: 111, Y<Mr »NI, NI11111n'IiNlY ..11'IIo,. I. r1' M NUT INTNIfNR1 POP f11D IC lT LI1PC Ilu IC11011 II l .1NY C11NIl:: CIl1N YITI1IOl r TIIR 411T71N .APPTIlr 11. OP 111'..111 1' PTPTNG SCHEMATIC DRAWING NUMBER: MP1 II!!IJJnl!!ulIlIlullluullll I luuul ulljJlu 11llllullll IIII JtluJwlpunnplIllup11ue111u l Wlllulilllll IIII 1 wl Illlill 4li luu O NATIVE MATERIAL COMPATED IN ACCORDANCE WITH MANUFACTURERS GUIDELINES 111-' �I I —I I I —III —I I r3i 47 — / 6' MIN 1_1 �// 6' jMIN III �t:m —III—r I —I_ _—I 1=1—(= =1 —I I —I 1= I I=ffl 11 I=11 I BELLAIRE DRIVE / III -III -III -III I - SELECT OR GRANULAR MATERIAL COMPACTED IN ACCORDANCE WOTH MANUFACTURERS GUIDELINES SAND OR FINE GRAVEL 10" CHS/R BELLAIRE DRIVE UNDERGROUND UTILITIES - SECTION A -A SCALE: NTS NATIVE MATERIAL COMPACTED IN ACCORDANCE WITH SE�CT OR GRANULAR MATERIAL MANUFACTURERS GUIDELINES '1'COMPACTED IN ACCORDANCE WITH j �' 10" CHS/R-� MANUFACTURERS GUIDELINES SAND OR sry BELLAIRE DRIVE FINE GRAVEL ,III= =1=1n=III-III III=2= =III I I ly�l I I III III III III III I I ( IiI—I —I I — CITY SANITARY SEWER. SIZE AND LOCATION TO BE FIELD VERIFIED /76' NIN I—I— i=1 i ICI i I-�I i 1j=j�_-1 i I-IiI-IiI-IiI-IiI-IiI-IiI-I i I- - —III=1 I1=1 11= —III—III—III— —III— = = Ilillll illlllilllllilllllilllllilllll�llllTllilllhllllillT_IIiIIIIIiIIIhIIIITI C FIRE MAIN. SIZE AND LOCATION TO BE FIELD VERIFIED - GENERAL NOTES: BELLAIRE DRIVE UNDERGROUND UTILITIES - SECTION AT BELLAIRE CROSSING SCALE: NTS iW111IJuu 1111IJ111i L1luhJIllllm luilIIIllu JWllhIIIII 11111111'111 1 1 11 11II1 eA ililellJL11i1 i1um 111mIJ111111 111 11111111 • THE PROPOSED SECTION INCLUDES ESTIMATED LOCATIONS AND DIMENSIONS OF EXISTING U11LITIES. SOME EXISTING UTILITIES MAY NOT BE SHOWN ON THIS PLAN. EXERCISE CAU11ON DURING THE EXCAVATION PROCESS TO AVOID DAMAGE TO THESE UTILITIES. BRANDT ENGINEERING CO - TEXAS BOARD OF PROFESSIONAL ENGINEERS FIRM REGISTRATION NUMBER 1723. O E 0 Q U 0 H rH O N —1 DRAWING ISSUE DATE: 04/18/2011 ® DESIGN DEVELOPMENT ❑ CONSTRUCTION ❑ REVISION ❑ RECORD DESIGN -BUILD DOCUMENT THIS DOCUMENTS IIAS REEN PROVIDED FOR RE\TE\V OF DESIGN—BUQL SCOPE OF WORK .ANU REGULATUNY APPROVAL, I'I' 15 NOT INTENDED FOR BIDDING OR CONSTRUCTION BY ANY CONTRACTOR _WIIHOU I' I'HE WRIFFEN APPRO\'AL OF BRANDT UNDERGROUND UTILITIES AT BELLAIRE DR. NORTH CROSSING DRAWING NUMBER: MP2 M&C Review Page 1 of 1 COUNCIL ACTION: Approved on 7/26/2011 DATE: 7/26/2011 REFERENCE NO.: Official site of the City of Fort Worth, Texas FORT WORT II 06BELLAIRE DRIVE N CHILL **C-25049 LOG NAME: WATER LINES ENCROACHMENT AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Encroachment Agreement with Texas Christian University for the Placement of Two Ten -Inch Chilled Water Lines at 3549 Bellaire Drive North (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a standard encroachment agreement with Texas Christian University for the placement of two 10-inch chilled water lines at 3549 Bellaire Drive North. DISCUSSION: Texas Christian University has requested use of the public right-of-way for the placement of two 10- inch chilled water lines beneath the right-of-way in the area of 3549 Bellaire Drive North. 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 GGO1 421232 0062000 $575.00 Submitted for City Manaaer's Office by: Fernando Costa (6122) Oriainatina Department Head: Randle Harwood (6101) Additional Information Contact: David Schroeder (2239) ATTACHMENTS http://www. fortworthgov. org/council_packet/mc_review. asp?ID=15541 &councildate=7/... 07/28/2011