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HomeMy WebLinkAboutContract 39462Aug 12 2009 2:43PM 817-927-0908 p.2 From,20000 Ru;g Li Z:UUS P.:12PM S iATE aF 7ExAp 06t05/2009 09,25 817-ocr�Ve08 €tVCF70ACF{i�INi AGREEMENT �582 R 0D1/012 ONTR Ec CNO T .4.(oa 7N1S 4GR�FlU1EMT is made and entered :into by and between the City of Fort Worth,munleipal caaporation of %rrant County, re)(8s, acting herein by Rnd through its dulyauthorized Planning and Detreloprnent Departrnant Director, hereinafter referred to as the "Cityr' and ` Corp oration of c d u ocese cf 1=crt 4v'orth and St . �1ohn' s, church acting herein by end through its duly authorized Cor ore ion of the hereinafter referred to as "Grantee", awner of the property located at 2401 C o 7 1 e.g e_ A v �" Properly'°). ILVITN k.S EIi_l; for and in conalderaiian of the payment by Grantee of the fee aet out belo►v and the free and faithful perfOrmenre of the mutual cavenants herein Coritainad, City hereby grants to Grantee permisslon to construct/ install and/or allow to rernsin, Improvement(s) (`improvement") that encroaches upan, uses and/or occupies pQrtiorrs of the space under, on and/or above the Street-s, alleys, 1 I VM =L*Mc IMF% I o— 'J — 0 9 0 4: I rd� WORMTX Aug 12 2009 2:43PM 817-927-0908 p.3 Received Fax : Aug052009 10:S4AM Fax Station 2 Frcm$20000 Flut D4 2009 2:12PM OB/0512008 09,25 81^r�927-aSDe sidewallts and other public ri9hts=0f way, such Improve►nent(s) are described as follows; The location and description of said Irnprovernent and the encroachment is more par4icUlOrly described in Exhibit "A', attached hereto, Incorporated herein and made It part hereof for all purposes. 2. AI► construction, maintenance and op�sra#ion in connFcfion wflh such Improvement, use and occumncy shah be performed in strict compliance with this Agreement and the Charter, Ordinanoes and Codes of the City and In accordance with the direcf;ons of the Director of Transportation and Pub tic Works of City, or his duly authorized representative, All plans and speciflcations thereof shall be subject to the prior written approval of the Director ofTransportation and Public Works, or h►s duly authorized representative, but such approval shall not t011eve Grantee of responsibility and li8bility for concept, design and compulatlon in preparation of such pans, and specifications. #562 P.0021012 p.2 Aug 12 2009 2443PM 1817-927-0908 p.4 PROJECT DESCRIPTION Modification of the approach to the Morin facing Lady Chape( doorway: (A) from the standard four steps up from the sidewalk leading up to a small, wrought iron railing enclosed, concrete landing, which is also four inches below the doorway threshold; (B) to an enlarged, concrete landing (twelve feet by six feet six inches, set back ten inches from the sidewalk, and elevated to the level of the doorway threshold at thirty-four inches above the sidewalk), with (B1) a counter -clockwise, quarter circle of five, four foot wide, concrete steps projecting from the new landings East side, and (132) a thirty-four foot long and four foot wide, "L" shaped, graded ramp (one inch rise to twelve inch run) projecting its West side. No change as both will end at the present sidewalk. (133) The entire new structure will be enclosed with similar wrought iron railing consistent in design with all other entrances as well as (134) a smooth tubular structure attached internally to the landing and the ramp sections for manually assisting entrance and exit. There will be two level areas in the ramp: a (135) five by five foot area at the right angle turn transitioning from the short arm to the long arm, and a (136) four by four foot area mid -way up the long arm adjacent with the Chinese Pastiche tree for its root preservation. Aug 12 ••- •-•: Received'Fak Auo 052009 10:rAffl Fax Station' : 0 3 rron tt =00 Flog O+F d=D09 el 14rn 08/05/2009 08:25 1582 P.003/012 817-927-Q9®13 UAan corrtpletlon pf construction and installation of said Improvement and ti�ereafter, there shalt lac no encroachments in, under, on or above the surface area of the streets, alleys, sldewelks and other public righfa"uf"way Involved, except as -described herein and shown on the heretnabove referred to Exhibit "A". 4, Grantee, at no expense to the City, shall make proper provisions for the i�elocatlpn 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.s in the event that any installation, reinstallation, relocation or repair of any existing or future utility or imprroverr► nts owned by, constructed by or on behalf of the public or at public expsAse is made more cosily 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 1J,l0rJ#4 of th:e City, or his duty authorized representative, v, 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 +NSffiare of the public or for any other public purpose. In this regard, Grantee understands and agrees that city $hal► bear no responslbility OF liability for 3 p.9 Aug 12 2009 2:43PM 817-927-0908 P.6 Received Fax Aura 05 2009 10:54AF1 Fax Station n . ` A Flug 04 20d8 2:12PM oaiUD[ZUUs os:2s 917-82a-0506 damage or disruption of Improvements installed by Grantee or its successors, but City will make reasonable efforts to minimize such damage, 6, Irt order to defray elf posts of inspeoticn and supervision which City has incurred nr will !Hour as a result of tine cops#ruction, maulmnancne, inspection or management of the encroachments and uses provided for by #his Agreement, G+'antee agrees to }gay to City at the time this Agreement is executed a fee in the two hundred seventy five sUM of Dollars The term df this Agreernen#shah b>s fCr thir#y years, eammencing on the Mate this Agreement is exectited by the City of Fort Worth. Upon termination of this Agreement, Grantee shall, at the option of City and at no expense to City, restore the public righf-of way and remove the Improvement encroaabing Into the public right -a{ -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 specifiaaflons. it is understood and agreed to by Grantee that !f this Agreement terminates and Grantee fails to remove the Improvement, Owner hereby gives City permission to reMotre the Improvement and any supporting structures and assess a lien on the Property for the costs expended by the City to remove such Improvement. 0 p.4 MM;M"MMMv1"-J6WAMA Fax : Au5 090 1' Ili Rug 04 2009 2ej2ptsil 817-927-0908 08/ORION 09:26 8f'�-927—D908 It is further understood and agreed upon between the parties hereto that the public rights -of wvay, 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 Cfty exercises such powers over the pubiic right -of way as have been delegated to it by the Constitution of the State of Taxes or by the Legislature; and that City cannot contract away its duty ariCl its Ieglslative` power to contra! the public right-®f-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 permil the right of way to be used for any other public purpose, Including but not being limited to underground, surface Of overhead cornmunfcation, drainage, sanitary sewerage, transmission ' of natural or electricity, or arty other public purpose, whether presently contemplated or not, that this Agreement shall aufomaticalty terminate, 70. Grantee understands and agrees that the granting of any esncroaahment 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 Grantees agrees that It will obtain aIt necessary Permission before occupying such property, s a5(32 P.005/012 p.5 p.7 Aug 12 ••- •-•: Received Fax : Aua 05`2009 10:54AI4 Fax 'Stationo E Fron:20000 08/05/2009 09128 t#582 P.008/012 Rug 04 COMP 2•.]2PM 81?-S27-0908 P,g 71. Grants$ agrees #o comply fully with all appileable federal, state and local taws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said Improvement, enOmachment and uses, 12. Grantee agrees fa pay promptly when due all fees, taxes or ranwis provided for by this Agreement or by any federal, state or focal statute, law or regulation. ?3, Grantee covenants and agrees that it shall operate hereunder as an independent contractor as to ail rights and privileges granted hereunder and not as an aiffaer, agent, servant or employee of City and. Grantee sheli have exclusive control of and the exclusive right to control the derails 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 shell 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 ar joint enterprise between City and Grantee. 94. DEFEND CITY, ITS 0 Aug 12 ••- •-•: Received Fax Auo 052009 104A 4 Fax 'Station' : 7 From:2DDDD Hug 04 COOS 2:I2PM DS/05/2009 09:26 817-82.r-Q908 OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OM 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, ARISINQ 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, SY ALLEGED NEGLIGENCE QF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS9 LICENSEES OR INVITEES OF THE CITYT AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESpONSIBILR'Y FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE Tp CITY PROPERTY ARISING OUT OF 4R IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, FAGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBC©MTI3ACTC}R5, LICENSEES, INVITEES, OR TRESPASSERS. 15. WhIIe this �greemeni is in effect, Grantee agrees to famish City with a Certificeite of Insurance, naming City as certificate holder: as proof that ti has secured and :paid ibr a POIIcy of Public liability Insurance cnuering all public risks related to the proposed use and occupancy of public property as located and #582 P,QDT/D12 p.7 Aug 12 ••- •-•: P.10 Received Fax Auo OS'2009 10:54AM Fax 'Station A rrom:euuuu Hug 04 19'.009 a;12PM 08l05/2009 08%26 81F-wcI-090$ described in Exfllbit "A�. The amounts of such insurance shall be not toss than the foilowingr $i,D00,®OD Commercial Gsnaral Liability with the understanding of and agreement I>y Grantee that such insurance amounts shall be revised upward at Ctty's option and that Grantee shall so revise such amounts immad' tely 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 Cartrficate of Insurance is attached as attached as Exhiblt "S", Grantee agrees Ia submit a similar Certificate of lnsuranoe annually t0 City on the anniversary elate of the execution of this Agreement. Grantee agrees, binds and obligates Itself, its successors and assigns, in maintain and keep In farce such public liability 'insurance at all times during #fte term of this Agreement and until the removal of all encroachments and the cleaning and restoration of the -city streets. Ail insurance coverage required herain shall include coverage of all Grantee's contractors. 4 S. Grantee agrees to deposit with the Gity when this Agreement is executed a sufficient sum of money t4 bs: used to pay necessary tees to record this Consent Agreement in its entir*ty In the deed records of Tarrant County, %xas. after being recorded, the original shall tie returned to the City Secretary of the City of Fort Worth, Texas 17, t3 p. S Aug 12 ••- - •-•: Received Fat. : Au 05''2009 10:54AN Fax':Station `: 9 From:90000 Auk 04 duu= 2:12PM f)B/®5/z®09 U0,41 817-0C: f C}906 fn any action brought by the City for the enforcement of the obligations of Grantae� City ehali be entitled to recover Interest and reasonable atfomeyle fee6. 98. Grantee acrvenants 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, i1f71 ?NE P/1�iTtES �IGREE TWAT THE aUTIf=B ANU O1�L.iGATIOi� CClNTAtNEb IN PARAGRAPH S ShtAiri. SURwlVie TH1E 7ERNt1NATION OF THIS AGREEMENT, This 6�preement shall be binding upon the parties hereto, their successors ansl assigns. E p.9 Aug 12 2009 • • Received Fay ? Aua 05 2009 10:5011 Fax Station o - 10 j From:20000 Rug 04 2009 2:12PM ar i0512009 09: 27 917-==rf 08UB g5B2 P.010I012 EXECUTIED thfs 17yxe day of 17L .1�� A City City of Foci Worth Rlanning and pavelnprnent W 1D Grantee (Buslnejms Name) Corporation• of the Episcopal and St. John's Church, Fort 2900 Alemeda Street. Diocese of Fort Worth Worth 71t1e: ent Cor oration of the Episcopal Diocese of Fort Worth Approved As To form And Legality r Asslstant City Aftar ey O�R�iAL �i�cORl� N y SECRETARY WORT Aug 12 • f f ' f A2eceiVed Fax& Aud 05 2009 10:54A14fax Station n11 From:20000 08/05/2009 0902T fdu9 Usr 8f)(79 c a 13PM Q17 827-0908 STATE OF TF)(AS § COUNTY OF TARRANT § S�Ff7RE t1AE, the undersigned euthorlty, a Notary Public in and for the State of Texas, on this day personalty appeared known to me to be the person whose name is subscribed to the forepoln8 instrurnont, and acknowledged tame that he/she executed the same for the purposes and consideration therein expressed, as the act and tiered of and in the °specify therein stated. GIVEN UNDER MY HAN® AND SEAL O� O��I�E thla day of Notary ublio in and for the State of Texas JANE R PARR©'T,� ' * * NOTARY P State of e Texas Comm. 6�.12/13/20 i 1 1� 582 P.011/012 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, Cl 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this `�� day of U� ,20OQ. Notary Public in and fckke State of Texas R. G. NAREZ Notary Public, State of Texas My Commission Expires September 10, 2013 11 Exh 64 A AUG44-2009 TUE 01'15 PM FROST INS AGENCY FW FAX NO, 817 420 5750 P, 02 xj::K� CERTIFICATE OF LIABILITY INSURANCE OP ID F7 DATE(MMIDDIYYYY) PRODUCER I EPISC-1 0e 0a 09 EALTER ERTIFICATE IS ISSUED A3 A MATTER OF INFORMATION Frost Insurance - Fort Worth ONLY CONFERS NO RIGHTS UPON THE CERTIFICATE P. o. Box 33528 R. THIS CERTIFICATE DOES NOT AMEND, F�iTEND OR Ft, Worth TX 76162 THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:817-420-5700 Fax:817-420--5750 S AFFORDING COVERAGE INSURED NAIL # INSURER A: INSURCR B: F+p10caTpal Diocese of Ft. Worth INSURERC: Fart WorthemedTXs76116 It 0: COVERAGES THC POLICIES OF INSURANCE LISTGO BELOW HAVE BEEN ISSUCD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY OF ISSUED OR MAY PERTAIN, T14F INSURANCE AFFORDED BY TI•IE POLICIES pGSCRIBED HEROIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSR Type OF INSURANCR POLICY NUMBER GATE MMIpDIYV Y DATA MMID /YY LIMITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY PHPK374353 EACH OCCURRENCE $1 , 000 , 000 � 01/O1/09 Ol/D1/10 PREMISES Eaoccuro� nco t300 000 CLAIMS MADE I +' OCCUR MED EXP (My ono person) t 10 , 000 PERSONAL A ADV INJURY S 1 000 000 OENERAL AGGREGATE s 2 , 000 / 000 GEN'L AGGREGATE LIMIT APPLJGS PER: POLICY Pad- LOC PRODUCTS -COMPIOPAGG $2 000, O00 AUTOMOBILE LIABILITY A ANYAUTO PHPK374353 COMBINED SINGLE LIMIT O1/01/09 01/01/10 (Eaeceld6nl) s1,000,000 ALL OWNED nuros X SCHEDULED AUTOS BODILY INJURY (Pal pe/son) X HIRGp AUTOS X NON-OWNEDnUT06 BODILY INJURY(Paroccidont) S PROPERTY DAMACE S (Par occident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 ANY AUTO OTHER THAN CA ACC S AUTO ONLY: AGG S HX ESS! UMBRELLA LIABILITY EACH OCCURRENCE. S_10 000 000 A OCCUR CLAIMSMADE pHUB259518 01/01/09 01/01/10 AGGREGATE DEDUCTIBLE S DEDUCTIBLE RETENTION y R WORKERS COMPENSATION UINO $ AND EMPLOYERS' LIABILITY ORY LIMITS ER OFFICER/MEIMSEREXCLUDB ANY ED9FCUTIVE�j Z068808503 01/01/09 01/01/10 E.LEACMACCIDGNT $] DDQ000 (mandatory in NH) II LJ E,L,DISEASE -EA EMPLOYEE 11 000 000 yy sPEes, deerllbe 4nda1 Ci'AL PROVISIONS below E.L. DISEASE POLICY LIMIT 5 1 , 000 , 000 A A Professional I.iab (PHPK374353 O1/01/09 EPLI PH8D386782 I 07 OF OPERATION91 LOCATIONS VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I John's Episcopal Church, 2401 College Ave CERTIFICATE HOLDER City of Fort Worth 1000 Throckmorton St. Fort Worth TX 76101 01/01/10 O1/01/10 Ft. Worth, TX 76110 CANCELLATION SHOULD ANY OF TtIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CFORTWO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. •UT§401417m RFPmFgF;kTATIUF DOB/01) ACORD 25 (2m 198E-2009 ACORD CORPORATION. All rights reserved. The ACORD name and IDgo are registered marks of ACORD