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HomeMy WebLinkAboutContract 36683 CITY SECRETARY CONTRACT NO. ENCROACHMENT 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 ,�r, acting herein by and through its duly authorized p,hereinafter referred to as "Grantee", Owner of the property located at ("Property„). 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 stre ;- 02-26-08 A09 :41 IN 02-259979P989398FM 1 sidewalks and other public rights-of-way, such Improvement(s) are described as follows: le�Aers czr-NA 1hg 4 on t asp e\e C3 I y " \e4Ae+-s u�jNh y(3.aS" lLAp +0 bt 'I r-, oA\er,�l ort Nia6b, Sbu�\n Qv-\ca wps� e-\e-ya� orl or, cao- e\e ycz�loin nA kykeff' A0 be. '�s�s'�cz11Qd an eane«fie wy)uinen�. 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. --- - t n-o�ns --..-... 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 rt 'V✓ 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 AIRY at the time this Agreerne,it is executed a fee in the sum of itm Kur011red -h+(' -�iVP—Dollars ($ 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 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 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 eity cannot contract May 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 goveming 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 t 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. _toleGrantee agrees to pay promptly when rJue all feesAaxas--ar -- 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 I:rl� a 4a 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 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. 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: 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. 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. 8 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. 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. �Y{�y, i ?� t EXECUTED this day of �i4 , 20 b%. City 9ELntee City of Fort Worth By: By: S:A n A to n Name: L Director Title: ATTEST: Approved As To Form And Legality City Se tary Assistant City Attorney NO M&C REQUIRED 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 Susan Alanis, 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. s GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ day of KC ` Notary Public in and fo , h State of Texas "".."N R. G. NAREZ .o•' ;�� Not Public,State of Texas My Commission Expires September 10,2009 11 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a No ary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing _..� i me�and--aeknowledged-to-me�+�eI hie{sire-executed-tfie-same e- _._.. pur ses and consideration therein expressed, as the act and deed of J:�ft% � and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -7 day of 20 Notary Pu ' and for the Sta Notary Pubk State of Oldahoma WAGONER CCOUNTy WMM 68" Comm. Ex . %A.. 12 E,rl.lbc� A ` DATE(MM/DD/YYYY) ACORP. CERTIFICATE OF LIABILITY INSURANCE 01/04/2008 PRODUCER (918)747-8631, FAX (918)747-861.9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CFR, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ( 5314 S Yale° Suite 91�0 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. v Tulsa, OK 74135 Kel 1 i e Jones Ext. 241 INSURERS AFFORDING COVERAGE NAIC# j .INSURED BOK Financial Corporation, atal INSURERA: St. Paul Mercury Ins. CO, Bank of Texas, N.A. INSURERS: Travelers P. 0. Box 2300 INSURER C. f Tulsa, OK 74192 INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION T&WLIMITS GENERAL LIABILITY FS06802456 03/01/2007 1 03/01/2008 1 EACH OCCURRENCE $ 1,000,000, i ^- C,AL GC;J�^;;L L,nuiiiTi nngAA.rF Tn RcnlTc,n. J S LDAlV 000 ! f •CLAIMS MADE ry OCCUR MED EXP(Anyone person) $ 5,0001 A PERSONAL&ADV INJURY S 11000,000 9 I GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PEP.: PRODUCTS-COMP/OP AGG S 2,000,000 POLICY JECTPRO LOG it AUTOMOBILE LIABILITY FS06802456 03/01/2007 03/01/2008 COMBINED SINGLE LIMIT S X ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I X HIRED AUTOS BODILY INJURY $ I X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE j (Per accident) $ i GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY FS06802456 03/01/2007 03/01/2008 EACH OCCURRENCE $ 5,000,000 —X] OCCUR ❑ CLAIMS MADE AGGREGATE $ 5,0001000 A $ -- DE DUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND UB2069L673 05/01/2007 05/01/2008 X I WCSTATU- OTH- ER EMPLOYERS'LIABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT IS 500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS r E: Installation of new sign at 801 Cherry Street, Ft. Worth, TX 76102 dditional Insured for General Liability as required by contract: City of Fort Worth i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fort Worth BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Throckmorton Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE CFR.Inc. Kell ie Jones/KELLIE by A:�Iz`'` '— ACORD 25(2001108) ©ACORD CORPORATION 1988 _1 a rest " M T-6' 1' C_ [TANK 371/e• n 11J.D T� f OF TEXAS: LETTER SPECIFICATIONS D 1'DEEP ALUMINUM FABRICATED REVERSE CHANNEL '-�_1 07-2433R4 LETTERS PAINTED WHITE �---�' a1 7 CLIP-MOUNT FLUSH TO WALL NON-CORROSIVE- - MTG.CLIPS � `Z P� BANK OF TEXAS NON-ILLUMINATED I , 7 801 CHERRY STREET LOGO SPECIFICATIONS FT.WORTH,TEXAS 1'DEEP ALUMINUM FABRICATED REVERSE CHANNEL CONSTRUCTION Ibmet PAINT TO MATCH 2662 RED Ra 11M HAGLE DWprr Sam CLIP-MOUNT FLUSH TO WALLDm 10/12/07 3MK NON-ILLUMINATED NOTE: CUSTOMER TO PROVIDE TDIGITAL O MANUFACTURING PRIOR UR NG �... 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TO MATCH WALL/FASCIA BANK OF TEXAS I X 2"GALV R:INST ANGLE � Q (REMOVE AFTER INSTALLATION) 15MM 8300 WHITE NEON 801 CHERRY STREET ILLUMINATION(SEE SPECIFICATIONS) c FT.WORTH,TEXAS ELE TROBITS PYROIFNE ELECTRODE DE INSUUTOIES RR p.nr JIM HAGLE HI-FLLX MAX INTEGRAL SLEEVE GTO TO TRANSFORMER INSIDE RACEWAY , Desiow SDM GLASS NEON TUBE SUPPORTS Date 10/12/07 S.G.FP 1/E"DIA.WEEP HOLES IN LOW POINTS TRANSFORMER 1 OF LETTERS AND IN BOTTOM OF RACEWAY WEATHERPROOF DISCONNECT SWITCH ON END Of RACEWAY SRI LETTER DISPLAY SCALE:1/2'=1'-0' .�.a„sm :XF MFR.AND INSTALL(4)SETS INSTALL IN NATIONAL ELECTRIC CO DANCE /DES L.HePm LETTER SPECIFICATIONS 1 R1-11/ LETTER SECTION 1,/2•=,'_0• PRE-FINISHED BLACK PRE-FORMED ALUMINUM CHANNEL LETTERS Rz-Tz/4/07ASDMnen/nl-s NEON ILLUMINATION/RACEWAY MOUNTED aa. /n soon 3/16'7328 WHITE ACRYLIC FACES 1'BLACK JEWELITE RETAINER 5' 15MM 8300 WHITE 30 M.A.NEON ILLUMINATION PREFORMED(SHED BLACK CHIWA LOGO PRE-F INISHEDBULB M BAGS-PR FIT INSIDE WITH • LOGO SPECIFICATIONS STAR-BRHE LIGHT ENHANCIN2"K NT ALUM. 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TO MATCH WALL/FASCIA 15MM CLEAR RED 30 M.A.NEON ILLUMINATION 2"X 2'GALV PICK-UP ANGL (REMOVE AFTER INSTALLATI15MM CL.RED NEON RACEWAY SPECIFICATIONS ILLUMINATION(SEE SPECIFICEXTRUDED ALUMINUM RACEWAYS PAINTED TO MATCH WALL ELECTRO&TS PYROIENE Chandler ELECTRODE INSULATORSHI-FLEX MAX INTEGRAL SLEE "'� Signs TO TRANSFORMER INSIDE RGLASS NEON TUBE SUPPORT 3201 IArHRr Wry D•Iln,lX]5235 S.G.EP HIE-902-Z000 f.a 2H-9M-20M 1/4"DER.WEEP HOLES IN LOW POINTS TRANSFORMER OF LETTERS AND IN BOTTOM OF RACEWAY MW Ulimt S."ARmP,TX 78216 21b3E91BDE F.21b3E4814 WEATHERPROOF DISCONNECT q35 PuM c_Drip U c SWITCH ON END OF RACEWAY VHu,G 9205E I I.NFif Bf9fRm X00 B..r Tr.F m Beget INSTALL IN ACCORDANCE W/ ]BfiB1.250) fa.]W8B1-606 NATIONAL ELECTRIC COOTS t25 W SE A KY M02RE SOM582-ASS] Fa-SE 5028W-16K0 LOGO SECTION 11/2"=1'-0" NEON ILLUMINATION/RACEWAY MOUNTED FINAL ELECTRICAL CONNECTION BY CUSTOMER aMK OF TEXAS.: F �aR< a 7F TEXAS 2 e Ire f NY 801 CHERRY STREET S Ji t i fF n w 1 B 1<n 1 LJ d C� FT.WORTH.TEXAS �•�' RW 14M HAGIE Ddpr SDM Dan 10/12/07 e.r. 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