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HomeMy WebLinkAboutContract 26410 CITY SECRET CON RACT NO Y // /� CONSENT AGREEMENT 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 City Manager or duly designated Assistant City Manager, hereinafter referred to as the "City", and CRAWFORD PARTNERS NO. 1 , LTD. By HANOVER SERVICES GROUP, TNC , ItG ,PnPral Partner acting herein by and through its duly authorized Pres;dent , Walter Damon hereinafter referred to as "Grantee". WITNESSETH: 1. For and in consideration of the payment by grantee of the application charge set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to encroach upon, use and occupy portions of the space under, on and/or above the streets, alleys, sidewalks and other public rights-of-way as follows: Pedestrian arches at intersections between Crawford Farms Drive and both Golden Triangle Boulevard and Gables Drive. Project identity signage is to be placed on the median of Crawford �,nn Farms Drive for visibility along Golden Triana�I;e ; ����f© MY The location and description of said 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 encroachment, use and occupancy shall be performed in strict compliance with 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 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". 2 4. Grantee, at no expense to the City, shall make proper provisions for the relocation and/or 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, 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 might incur as a result of the construction or maintenance of the encroachments and uses provided for by this agreement, Grantee agrees to pay 3 (C�IIU N��Y�r��S�WIrPa to City at the time this agreement is executed an application charge in the sum of Four Hundred Fifty IF Dollars ($450 .00 )• plus Thirty-Five Dollars (115 .00 ) for filling fee. 7. The initial term of this agreement shall be thirty (30) years, commencing on the date this agreement is executed. 8. Upon termination of this agreement for any reason whatsoever, Grantee shall, at the option of City and at no expense to City, restore the public right-of- way and adjacent supporting structures 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. 9. It is further understood and agreed upon between the parties hereto that the City streets, alleys, sidewalks and other public rights-of-way, including the portions of such streets, alleys, sidewalks and other public rights-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 streets 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 streets for the use and benefit of the public. It is accordingly agreed that if the governing body of City, to wit, its City Council, should at any time during the term hereof determine in its sole discretion to use or cause or permit the said portions of the streets, alleys, sidewalks and other rights-of-way to be used for any other EEC 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, then this agreement shall be automatically canceled or terminated. 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 encroachments 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; that 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 5 `jR omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that 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 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 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 all liability and responsibility for such 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, subcontractors, licensees, invitees, or trespassers. fCry���GE S�(°IPIV 6 _u Uo llGn��lli �7U'�o 15. 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: Property damage, per occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $500,000 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. r' C,Nri MCC-G�1 ky 7 _ �1 LEBO a 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 so recorded, the original hereof 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. 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 City, and any attempted assignment without such prior written approval shall be void. 19. This agreement shall be binding upon the parties hereto, their successors and assigns. EXECUTED this CdKay of , 20LV). CIOFF T RTH, GRANTOR �Fa c� vis�./ ��,GRANTEE By: By: ike Groomer, st. ity Manager ATT APPR ED S M AND LEGALITY r " ""'i CiN SecretaryCity Attorn y Date: I �O �co Contract Authorization /o^ a�- o0 8 pato LOFFICINCITY PEC�ORDGS YR 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 Mike Groomer , 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 �7 o l day of 0 s' , 'not Notary Public in a d for the NOTARY PUBLIC SARAH JANE LDLE State of Texas �ry �iq State of Texas Comm. Exp.01-29-2002 OFFIC0&L EMCOORD cc:�A,5ECRalff - FT. �}G'No TEN. 9 GUIDELINES FOR PLACEMENT OF SUBDIVISION MARKERS IN PUBLIC RIGHT-OF-WAY CITY OF FORT WORTH A. GENERAL 1. All marker proposals are subject to review to assure that they possess no safety problem and to assure that they will not reduce traffic or maintenance efficiency. These policy guidelines in no way imply that the City is obligated to approve subdivision marker proposals. 2. Applicants for marker placement must own or legally represent the ownership of property on both sides of the subject street and must own or legally represent a subdivision which is logically entered into on the subject street and which encompasses an area of at least 100 acres. 3. The entity making request for markers is responsible for all maintenance and repair associated with such markers and must submit an affidavit to that effect. Should such entity fail to perform adequate maintenance or should such entity dissolve their legal existence, the City can take whatever action is necessary to cause the entity to perform maintenance and repair or the City may require that markers be removed or City.may have markers removed. 4. If at any time markers must be removed to facilitate street expan- sion, turning lanes, alternative forms of transportation, inter- section changes or other work determined to be necessary for the health, safety or welfare of the general citizens, then the City can have such markers removed and will be under no obligation to pay for such markers or relocate such markers. B. PROCEDURES FOR REQUESTING CITY COUNCIL APPROVAL OF SUBDIVISION MARKER ENCROACHMENT I. Owner (or his representative) submits requests to Department of Development. Four sets of design and construction drawings shall be submitted to the City Development Department for review and approval. In addition to construction details, such drawings shall show specific location in reference to surrounding streets and intersections. An application fee as prescribed by the Building Code, must accompany such requests. 2. Department of Development notifies utility companies and affected City Departments of the proposed installation. The recipients have ten (10) working days to respond to the proposal, - 3. 3. After the ten days have passed, the Encroachment Committee meets, reviews the comments, discusses potential problems, and votes to %approve or disapprove the application. 4. If the application is disapproved, the owner is notified and given the reason for disapproval. 5. Should the Encroachment Committee recommend approval, the application is forwarded to the City Council. 6. If the application is approved by the City Council, the owner is notified and the Consent Agreement is circulated for approval and signature. An insurance certificate must accompany the agreement as proof that the applicant 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. The amount of such insurance coverage shall be determined by the City. C. PHYSICAL CHARACTERISTICS 1. Subdivision markers shall be of a size and scale compatible with the surrounding environment. 2. Subdivision markers shall only include subdivision name, and a simple subdivision logo. 3. Markers should be constructed of solid, durable materials designed to have a 30+ year life with no maintenance. Masonry materials such as cut stone, brick, reinforced concrete are recommended. Markers of wood, metal, plastic are discouraged and will normally not be approved. Markers should be solid stone, solid reinforced concrete, solid brick walls, and shall not be open core walls or other types of construction that would be subject to deterioration. 4. The subdivision name and /or logo must be permanently and solidly attached or imprinted into the marker. 5. The size, color, shape, and texture of marker shall generally be compatible and in good taste using commonly accepted good design standards. Bright colors will generally not be acceptable. Earth tone colors are recommended. Painted surfaces are not allowed. Surface colors shall be the natural color of the material used. 6. Footings and foundations for markers shall be sufficient to avoid any settling or other structural failure. Marker bases shall include concrete mow strips at least 18" in width and flush with the finished ground level to facilitate easy maintenance. F_�_] nn����'G�1 Vu CO)E" Up D. LOCATION The guidelines which follow are based upon the need to protect lateral roadway clearances, high probability impact areas, and intersection sight 'distances. 1. The placement of subdivision markers in public right-of-way must comply with all safety design criteria contained in recognized traffic manuals and be approved by the Director of Transportation and Public Works. It is the responsibility of the applicant to prove that his request meets this criteria. 2. The following sections describe, in general, where markers may be placed and be in compliance with such safety criteria. There may be instances where these generally described rules do not apply. If the applicant can prove to the Department of Transportation and Public Works Director that a marker can be placed in such a manner and location that the motoring public can operate in a safe environment, the Director can waive any specific criteria. 3. Subdivision markers shall be placed where they do not interfere with the placement, maintenance, or operation of utilities or storm drains. 4. Safe Lateral Roadway Clearances a. Subdivision markers shall not be permitted within 6' laterally of the face of the curb. b. If there is no curb. Subdivision markers shall not be permitted with 16' laterally of the edge of the pavement. This offset will provide for the future widening of arterial; e.g. , a 10' left-turn lane, and still maintain the 6' minimum clearance standard after widening. 5. High Probability Impact Areas a. Subdivision markers will not be permitted within 50' of the end of the nose of a median. b. Sub-Standard Design Curves: In areas where the design speed of a horizontal curve of the roadway through lanes is less than the desired design speed of the remainder of the roadway, markers with massive structures which can be hazardous when struck by an auto- mobile shall be restricted from a point of 150' beyond the point of a curvature (beginning of curve) to a point 150' beyond the point of tangent (end of curve). This is illustrated on Figure 1 attached hereto. .��u V LL U�ll'�r�Y fJ9 �l7U�o 6. Intersection Sight Distance a. Uncont: tolled Crossing Intersections: _ Between 0' and 150' from the nose of a median no subdivision marker shall be placed. b. T-intersections or Crossing Intersections Under Control: 1. For approaches controlled by stop signs or traffic signals, no subdivision marker shall be placed in the median of the controlled street between 0' and 50' from the nose of the median. 2. For approaches controlled partially or totally by yield signs, no subdivision marker shall be placed in the median of the yield-controlled approach in such a way as to encroach upon a triangle formed by the following points: (1) the point of potential collision of the through vehicle and the yield-controlled vehicle; (2) a point 130' from Point 1 back along the controlled approach; and (3) a point back from Point 1 along the uncontrolled approach a distance equal to the safe stopping distance of the vehicle assuming it is travelling at the roadway design speed and has a 1.5 second perception-reaction time. In no case shall the setback from the nose of the median be less than 50' . 3. For approaches for the intersection which may not be controlled, the marker shall be (1) located between 50' and 75' from the nose of the median, and (2) not more than 15' in height, 12' in length, and 5' in depth. GRANTE17E CRAWFORD P�TNERS , . 1 , LTD. AGREED TO BY (signature) Name (Printed) & Title (printed) President of Hanover Services Group, Inc. , its General Partner 4 - C U�°1I ����ukD ............................. W 4 ? W OC w < o LU F— Ac Q r `r° d U tt O *' O 3 cc cr F- °C D w o m C? J a w FZ m Q o Y Q Q • t cc F- O U o °' cn z = > C3 0 = m D i 'o .o c7 o- • 2` STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the St to of Texas , on this day personally appeared d2&Q , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that hef-she executed the same for the purposes and consider- ation th re n expressed, as the act and deed of �GCGGCJ d �Gz� SL. yS ,t% / &'I& and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ?••••�s?� SANDI R.PUSTEJOVSKY Notary Public,Stale of TMS C--+ : .� Notary Public in and for -,;•....• + M COMMISSILYi EXpireS 01.30-0. 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I d .... l i y _ 1 � I PEI 1 I r FP z 1,Flw� •7 1. � I"__; tl� ��4 ez � � � � l7 uMa- vz� C���j C 5 i I i I a 4,� >_th i t a i tz ' l i 3F „ � ii tlI I o � II � ° ; ' 3 i sw m N JNY",J Ao COT-1-3, -LgNVq,3 =Ao��OL�,-L .g-,L 12N,�)YNG =10�Aal ',4,Ad-IAN'-'WNGI JO�40i 01 .,G-,L X LLUJ A7 A, lu 6 6 6 XQ 0 LL w lij ul D- z U. ui ID Z CL LL QL CD LLJ 1 14 LU k aa_ lu Wa) 0- P: ODD < < 2- 4� L) < o-.G u n< w k a _ I -I it ':k ��:: • r F-- ACO CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF WFORMAATION Sw i ng l c, Collins & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 13760 Noel Road, Suite 850 HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75240 972 387-3000 INSURERS AFFORDING COVERAGE KeSUREO INSVIIIERA• CGU--- Crawford GU _Crawford Partners No. 1 . Ltd INSURER 8235 Douglas, #805 NsuRERc Dallas, TX 75225 INSURER O. - ... INSVR&R E COVERAGES THE POLICIES OF INSVRANCE LISTED BELOW HAVE BEEN ISSUED TO 7HE 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 AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R I TYPE OF INSURANCE POLICY NUMBER C(CY EPitMVE ;POLICY EXPIRAT ON _ A -aENERAL uAwffy GRR516 7 6 9 05/10/00 '05/10/01 EACH OCCURRENCE s l 0 0 0, 000 }{ COM"RACIAL BENERAL LIABILITY FIRE DAMAGE(MV one 6m) 1100, 000 t CLAUS MADE L S I OCCUR MEo exp(Artyro p oerson) s5 000 PERSONAL l ADV INJURY S1,000, 000, GENERAL AGGREGATE S2, 000, 000 GENAL AGGREGATEUMITAPPLIESPER PRODUCTS•COMPA)PA- s2, 000, 000G 'POLICY I.._.I PR ia i LOC AG G- LIABAITT COMBINED SINGLE LIMIT S ANY AUTO (Ea aceldan0 ALL OWNED AUTOS �.•-a BODILY INJURY SCNEOLLEDAUTOS (onrpemon) - 5--- I —� HIRED AUTOS w0kv INJURY NDN•OWPFDAUTOS � (Par accident) S I - --- ----- -- PROPERTY DAMAGE S ,GARAGELIASIUTY AUTO ONLY•EA ACCIDENT Is ANY AUTO J OTHER THAN EA ACC S AUTO ONLY: AGO 15 EXCESS UAINUTT EACH OCCURRENCE S OCCUR u CLAIMS WOE AGGREGATE - i I i DEDUCTIBLE I RETENTION S i WORKERS COMPEMXATN AND W A RO EMPLOYERS'UAM ITY _ECH CCTS.A .. _ l,EACH ACCIDENT E E.L.DISEASE•EA EMPL OVEE S J J E.L.DISEASE-POLICY LurIIT IS OTTER DESCOPTION O/OPEIMTONSrLOCAT)ON.NYENICLFW=LLt&CMX ADDED BY ENOORSCUENTISPECIAL PROVZtz CERTIFICATE HOLDER AODRIgNM.ING11RED•INSURERLETTER: CANCELLATION SHOULD ANVOFTHE ABOVE DESCRIBED POLICIESOE CANCELLED GE PCIRE TME EMRATION CITY OF FT. WORTH DATE TMEREOF, THE ISSUING IN&URER WILL ENDEAVOR TOAIAIL 10 DAV5WW1TEN DEPARTMENT OF DEVELOPMENT NOTICE TOTHE CERTWICATE HOLDER NAM ED TOTHE LEFT.BUT FAILURE TO DOSO SMALL 1000 THROCKMORTON IMPOSEN0ORLI0ATRONORLIACILITVOFANVKbID UPON THE INSUREA,ITCAGENTS OR Fort Worth, TX 76102 REPRESENTATIVEN, L,- TMORIIUD REPRESENT TIVE ACORD2SS(7A711 Of 2 4S34748/M32184 ° v DOW ® ACORD CORPORATION 19N vp '�i !r vUi ll l ua eltiU ..Gi 1 0 11 14/1>k1 1Y:6b SW1NbLt, LULLINb & HbtUL 1HIt5 y G147D0 x707 yv. +v+ vw i IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on thin certificate does not confer rights to the certificate holder In lieu of ouch endorsement(*). 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 corder rights to the certificate holder in lieu of such endoraement(e). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not ConStNUte a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or aver the coverage afforded by the policies listed thereon. ACoau25•SPAM2 of 2 #S34748/M32184 J7 City of Fort Worth, Texas qV01yor And council communkation DATE REFERENCE NUMBER LOG NAME PAGE 10/24/00 8317T 06CRAWFORD 1 1 of 1 SUBJECT ENCROACHMENTS IN RIGHT-OF-WAY - COMBINATION SIGN/STRUCTURE AND PEDESTRIAN ARCHES IN MEDIAN OF CRAWFORD FARMS DRIVE RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a standard consent agreement with Crawford Farms No. 1, Ltd. authorizing use of the right-of-way for the installation of several structures in the right-of-way of Crawford Farms Drive. DISCUSSION: Mr. Walter Damon, President of Hanover Services Group, Inc., the general partner of Crawford Farms No. 1, Ltd., is requesting use of the right-of-way to install a combination of subdivision marker sign and building structures in the median of Crawford Farms Drive just south of Golden Triangle Boulevard. Also included in the application are four pedestrian arches to be constructed over and across the sidewalks. Two of the structures will be just south of Golden Triangle Boulevard, and the other two will be just south of Gables Drive. The Encroachment Committee has reviewed this request and is recommending approval. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: Bob Riley 8901 (from) OCT 24 ?000 Additional Information Contact: City secretary of the Jim Miller 8176 City of Fort Wath,Tp.•:as