HomeMy WebLinkAboutContract 46957 CITY SECRTETARY .
CONTRACWO
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 COOK CHILDREN'S MEDICAL CENTER, acting herein by and
through its duly authorized Vice President hereinafter referred to as "Licensee", Owner
of the property located at 801 West 7th Avenue, Fort Worth, Texas 76104("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:
Request is being made to install and operate 23 street lights (max Height of 12W") and
28 irrigation heads along Seventh Ave.
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
()IF F CI ., C9,' U[)
2014 ROW Encroachment Agreement-Commercial Page 1 of 1 1
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 hereinabove 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 11
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 11
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 11
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 11
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 11
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 , 20 / .
2014 ROW Encroachment Agreement-Commercial Page 7 of 11
City Licensee
City of Fort Worth TYPE: COOK CHILDREN'S MEDICAL
CENTER
r
By: By: k&,4
Randle Harwoo ,Director Name: Stanley E. Davis
Planning and Development Title: Vice President
ATTEST: Approved As To Form and Legality
x
City Secre'a y/, � Assistant Ci Attorney
NO M&C REQUIRED
OFFICIAL 1,MCOM
2014 ROW Encroachment Agreement-Commercial Page 8 of 11
2014 ROW Encroachment Agreement-Commercial Page 9 of 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 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.
IVEN ER Y AND SEAL OF OFFICE thi day of
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State of Texas
FFICIAL RECORD
CITY ', nQlRE"r1%11?K Y
L FK WOIRTH� TX
2014 ROW Encroachment Agreement-Commercial Page 10 of 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 Stanley E. Davis, Vice President, 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 Cook Children's Medical Center, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
OIONNIA
ar au TEIJTSCH
Notary Public
� op *pa STATE OF TEXAS Notary Public in and for the
MV Gomm,Exp.10-x2018
State of Texas
OFFICIAL MORI)
ur° 'iiECR AIRY
2014 ROW Encroachment Agreement-Commercial Page 11 of 11
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FORT WORTH Series SPECIFICATIONS
Cast Iron Posts DESCRIPTION
18" sq. base The lighting post shall be all
cast iron construction, massively
tapered with a deep, 16-flute
pattern on the shaft and a classic
square base. The post shall be
Antique Street Lamps' catalog
number PI FWl8 XX finish.
MATERIALS
The post material shall be ASTM
A48, Class 30 cast iron,formed
true to the pattern with complete
detail. All exposed hardware shall
be tamper resistant stainless steel.
Anchor bolts to be completely hot
dip galvanized. Partially galva-
nized bolts are not acceptable.
DIMENSIONS
The post shall be X'-XX"in height
with an 18"square base. The post
shall taper from a 7"diameter at
the top of the base to a 4.5"dia-
q 6„ meter at the post top. An integral
3"O.D. x 3"tenon shall be provid-
ed at the top for luminaire mount-
ing. The post top shall include
a transitional donut between the
fluted shaft and the tenon.
INSTALLATION
The post shall be provided with
7'-(Y, four 3/4"diameter, L-type anchor
bolts, 55K psi,to be installed on
a 15"diameter bolt circle. Two
6' 0 doors shall be provided in the
base for anchorage and wir-
ing access. A grounding screw
shall be provided inside the base
accessible from one door.
For finish specifications and color
options, see"Finish"section in
catalog.
ANTIQUE
PIFW1815finish PIFw1813finish PIFw1812finish PIFW1810finish PIFW187finish PIFW186finish Street Lamps-
2011 W Rundberg Ln.•AutR TX 78758
Ph(800)410-8899•Fax(512)977-9622
FORT WORTH Series ORDERING INFORMATION
Cast Iron Posts • 18" sq. base Choose the boldface catalog nomenclature that best suits your needs and write it
on the appropriate line.
Example: PI FW18 12 ANPP Options
3"O.D.x 3"High Tenon PI FW18 10 ANCM
Post Series Hei ht Finish'
PI FW18 6 ANPP Prime Painted
ANBK Black
4.5'0 Post,Cost Iron 1U ANDB Dark Bronze
FORT WORTH ANDG Dark Green
78"base 13 ANVG Verde Green
15 _us om o c
RAL colors
Paint finish to be PPG
DTM#90-475 Options
8140
Z5 Receptacles
C1 Y35 Banner Arms
M42 Flagpole Holders
Custom Logos
Signage
(see Signage&Accessories
section in the catalog or con-
Post Height tact Antique Street Lamps)
rvorFs
1. For finish specifications and color options see Finish section in catalog or
contact Antique Steet Lamps.
ANCHORAGE GUIDE
13"Dia.Opening
5.5'x 4.5"H.
Door Opening for
Anchorage and J 70
Wiring Access r
/
(2 per post) { �� Door I 10.6"
Openings
O O
22" 15"Dia,Bolt Circle
3°
C� 18 Sq qo D
3/4"0,55K psi,Hot
Dip Galvanized L type
Anchor Bolts(4 per Post)
ANTIQUE Street Lamps-IT
2011 W Rundberg Ln.•AustirL TX 78758-Ph(800)410-8899-Fox(512)977-9622
bd dimensions are the alameter at the base
DS4 WITH LUMINAIRE BASE CHOICE
h
6 16:W
.)91.`1. -11, *" ,6� S,F,'h 'h 41-h
'9-bd '3.6'bd -4.5'bd '5-bd ',I,-5'bd I,bd '5'bd
DS4 B DS4 X DS4 E DS4 D DS4 C DS4 P DS4 K DS4 M
A I I
ANNEAL
46
5" 4'2.5"h V4"I 5,h 44.5'h
'4'bd *5'bd 5 4.5,b�13'h 42.6'h -4 G_bc,
DS4 A DS4 R DS4 L DS4 W DS4 S DS4 N DS4 AU
Twist&Lock photoelectric cell options
available with lumincire bases S,N and AU only.
FINIAL
Cost aluminum TOOL-LESS BALLAST HOUSING
CUTOFF REFLECTOR
Anodized and segmented
with porcelain socket
PORCELAIN SOCKET
Medium base
REFRACTIVE GLOBE
Clear acrylic
BALLAST HOUSING
With factory prewired H.I.D.ballast assembly
GLOBESCREWS
(4)114• stainless steel,socket set screws
LUMINAIRE BASE
Cast aluminum in a variety of styles
BASE SCREWS
(6)114'stainless steel,socket set screws LUMINAIRE BASE WITH REMOVING BALLAST ASSEMBLY
for fastening to 3"O.D,post tenon BALLAST HOUSING
7
QUICK DISCONNECT PLUGS
*13:-,
Note:Lamp is not furnished with the furnihoirej
• Sample catalog no: DS4 D 1505 MED ARF SR2 TB I PEB I ANBK
DS4 E ARF sR4sc TB4 ANCM
Series Wattage/Lamp Lens Material Distribution Voltage' Options NNW
DS4 B' Metall-folide AM r Acrylic. SR2 IES Distrilbullon TBI 120volt HS' House sicie Snielo ANBK Block
S4 X Refractive SF Single Fusing
70M MED
50M MED I SR3 IES Distribution TB2 208 volt ANDB Dark Bronze
DF Double Fusing ANDG Dark Green
Prrn FR4SC IES Distfibuti T83 240 volt PEBI Photoelectric cell button 120v
DS4 C PEE12 Photoelectric cell button 2D3,240;277v ANPP PrimePalnw
TB4 277 vat ,DS4 P amz)a
PER Twist-Lock Pholocontrol Receptacle March
DS4 K 347 347 volt PEI' NEMA Twist&Lock PE 120,208,240v =_T...seleel
DS4 M H 480 480 volt PE3' NEMA Twist&Lock PE 347v RAL colors
DS4 A igh Pre�uta Saduin PE4' NEMA Twist&Lock PE 480V
DS4 R 35S MED I NOTES., PE73 NEMA Twist&Lock PE 277v
SOS MED I Multi-top Bofllost(12a 208,240,277v),(120,277
DS4 L ,347v in Canado).
DS4 W 70S MED wattages under 70S or 70M contact ASL tor voltage avoilob2ity. Paint finish to be PPG
12:HSo on is not avoibbLe with distribution option S75S or S174SC.
13 .r
DS4 S3 I OOS MED ,Lock Photo Control a*available%vith N,S,and AU bases. DTM#90-475;B140;Z5;C1 Y35;M42
DS4 N' i 4.For ffrM and color opll:ns see Fnishsection ki cotcbq or contact ASL.
DS4 AU' 150S MED 15.Consult factory for wattages for 8 Series Lumina re ease.
CERTIFICATE OF LIABILITY INSURANCE DATE:1011114
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 CONTACT
Strategic Risk Solutions(Cayman)Ltd NAME:
878 West Bay Road aC PHONE Ext: AIC,No),
P.O.Box 1159 E-MAIL
ADDRESS:
Cayman KY1-1102 PRODUCER
Grand Ca
Y CUSTOMER t0#•
Cayman Islands 1NSURER(S)AFFORDING COVERAGE NAIC#
INSURED
Cook Children's Health Care System INSURERA: Cook Children's Indemnity Company
801 Seventh Avenue INSURERB:
Fort Worth,Texas 76104-2796 INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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 ADDL SUBR I POLICY EFF POLICYEXP
LTR TYPEOFINSURANCE INSR WVD POLICYNUMBER MMIDDIYYYY MMIDDIYYYY LIMITS
GENERALLIABILITY EACH OCCURRENCE $ 1,000,000
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES Eaoccurrence $ 50,000
CLAIMS-MADE X I OCCUR
MED EXP(Any One person) $ 0
A X CCICHPGL1415 10/1/2014 10/112015 PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: r PRODUCTSICOMPIOPAGG $ 5,000,000
POLICY PROJECT LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Me accident
ANY AUTO BODILY INJURY(Per $
ars _
ALL OWNED AUTOS BOD o n I LY INJURY(Per
accident) $
SCHEDULED AUTOS PROPERTY DAMAGE(Per
accident $
HIRED AUTOS $
NON-OWNED AUTOS $
OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DEDUCTIBLE S $
RETENTION S $
WORKERS COMPENSATION AND CSTATU- TH.
EMPLOYERS'LIABILITY YIN DRY LIMITS _ ER
ANY PROPRIETORIPARTNEPJEXECUTIVE E.L.EACH ACCIDENT
OFFICER/MEMBEREXCLUDED? $
Mandat0 In NH) E.L.DISEASE-EA EMPLOYEE $-
It yes,describe under E.L,DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It mom space Is required)
Certificate Holder is an additional insured as required by written contract.Waiver of subrogation as required by written contract.
This certificate does not amend,extend or after the coverage afforded by this policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City Of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS.
1000 Throckmorton AUTHORIZED REPRESENTATIVE
Fort Worth,Texas 76102
ACORD 25(2010105) The ACORD name and logo are registered marks ofACORD ®1988.2009 ACORD CORPORATION.All rights reserved.