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HomeMy WebLinkAboutContract 26390 CRACT NO Y ONT CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY 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 Building Official, hereinafter referred to as the "City"', and acting by and through its duly authorized �a ��G� hereinafter referred to as "Grantee" . W I T N E S S E T H : 1. For and in consideration of the payment by Grantee of the charges set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to temporarily encroach upon, use and occupy portions of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as followsi.� REMO°� �• Y Ou US�L�r��UUy u L e The location and description of said encroachment is more particu- larly described in Exhibit "B" attached hereto, incorporated herein and made a part hereof for all purposes. 2 . All use and occupancy of public streets, alleys, sidewalks or other public rights-of-way under this agreement shall be in strict compliance with the Charter, Ordinances and Codes of City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. 3 . Upon expiration of this agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in, under, on or above the surface of the public rights-of-way involved. 4 . Grantee agrees to pay in advance an encroachment fee for the temporary privilege of encroaching upon a portion of the public rights-of-way as described in Exhibit •B•. Said fee is calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth for temporary use or occupancy of public prop- erty. The estimated total amount of said fee is �o kg� s L�� . o1 X l0 �'� S . Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing future �IU ��� 2 1- r � QPG, : D traffic control devices or other improvements affected by such encroachment, use and occupancy, including the securing of approval and consent from the appropriate agencies of the State and its political subdivisions . In the event that any installation, rein- stallation, relocation or repair of any existing or future traffic control device or improvement owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as deter- mined by City. �s 5 . r�if-IS uo The term of this agreement shall be �'� provided, however, should the need for the encroachments granted hereunder at any time cease, Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by the Building Official of the City of Fort Worth, this agreement shall terminate. 7 . It is expressly understood and agreed that this Consent Agreement is for a temporary encroachment in, under, over and upon the public property as located and described in Exhibit "B' . This agreement shall not be construed as the granting of a permanent easement, encroachment or license upon City' s public streets, alleys , sidewalks or other rights-of-way. h„ o uG�p �7po M�Ilfvlt�lUUp UL'a�d . . 8 . City, through its duly authorized representatives, shall have the full and unrestricted right to enter upon all public rights-of= way for the purpose of making inspections to determine compliance with the terms, covenants and conditions herein. In the event that any inspection should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee notice of such breach. Should such breach not be corrected by Grantee within twenty-four (24 ) hours of receipt of the notice, or within such shorter period of time as deemed necessary by the Building Official for the pro- tection of public health or safety, City may terminate and cancel this agreement . 9 . Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall , at no 'expense to City, restore the public rights-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 , and Grantee shall remove all barricades , equipment, supplies , materials or other property from said location. Grantee further covenants and agrees that for a period of one ( 1) year after the termination of this Consent Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or other rights-of-way, as determined by the Director of 4 (21 aL� ��EC*IEDD r��1 �/�'�[�G� �I,RV Y 116 �`IU HII U b1d Transportation and Public Works or his designee . Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from the Director of Transportation and Public Works or his desig- nee. All repairs: shall be performed in an expeditious and workman- like manner and` shall comply with all applicable laws, codes, ordinances and City specifications . In the event that Grantee fails to comply with the covenants herein contained with respect to such removal or restoration, the City shall have the right to remove or dispose of any barricades, equipment, supplies, materials or other property and repair any conditions which in the opinion of the City are necessary to bring the public rights-of-way to the condition prescribed herein, and City shall not be responsible for trespass or any other damage or liability in connection with such removal or restoration. Grantee shall reimburse City for the cost and expense of such removal and/or repairs immediately following billing for same by City. Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued encroachment upon the public rights-of-way following termination of this Consent Agreement. 10. It is further understood and agreed between the parties hereto that City holds the city streets, alleys , sidewalks and other pub- lic rights-of-way, including the portions of such streets used and encroached upon as described herein, as trustee for the public; sUU1D that City exercises such powers over the streets as have been dele- gated 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 to be used for any public purpose the said encroached portion of the streets, then this agreement shall be automatically cancelled and terminated. 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 exercise all rights and privileges granted hereunder as an independent contractor, 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 activities on said described pub- lic property 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; 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 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, subcon- tractors, licensees or invitees of City; and grantee hereby assumes all liability and responsibility of City, its officers, agents, servants and employees, for such claims or suits . Grantee shall likewise assume all liability and responsibility and shall indem- nify 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 .--- 0, PECOM "M 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 'B' . 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 insur- ance 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 pro- � vide that it cannot be cancelled or amended without at least ten 30 days ' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A• . 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 insur- ance 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 of Grantee's contractors . e iiTY�E C R M R Y RR �1: p u�fi 16. 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. 17. This agreement shall be binding upon the parties hereto, their successors and assigns . 18. Should any action, " whether real or asserted, at law or in equity, arise out of the terms and conditions of this agreement or out of the use and occupancy of City property as permitted here- under,, venue for said action shall be in Tarrant County, Texas. 19. In any action brought by City for the enforcement of the obli- gations of Grantee, City shall be entitled to recover interest and reasonable attorneys ' fees . EXECUTED this S day Of N oy,** NcY , 2 bw. GRANTOR t GRANTEE t CITY OF FORT WORTH BY: 6� Aij,"', Building Official By s APPROVED7�, TO FORM-- D LEGALITY : Ill o City tt ney Date :--.,,//—/ Z OC.) - contract Authorization At /z 1-2 k/ City ecretary Date: 1A d Date 9 05 P�C'NA EEC GP@ lUi�1i�'�IIUQ �'7UUo STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and fore Stat of Texas , on this day personally appeared tA1 �na �: n , 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 consider- a on therein expre sed, as the act and deed of and in the capacity therein stated. CIV N UNDER MY HAND AND SEAL OF OFFICE this h day of �00e �Mpzc �OyQ a A Nary Publ ' c in a t e State of Texas W`""�' LJUANITA JOYCE JEFFERSON Notary Publlc Slate of Texasm. Expires 06-28-2003 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE HE , the undersigned authority, a Notary Public in and for the Sta a of Texas , on this day personally appeared ;�220/,1�k A //Sg . 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 consider- ation therein expressed, as the act and deed of �.42OlGl� •5� ,� and in the capacity therein stated. LIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Not ry Public in an for the S ate of Texas MARINA MICHAN k N°My T Epa i� �• March 206408,20� WORD AB -lit)) V � 10 --_ _ __ .... .....�►Iluvllrnll of n0aw. M NO. 817 347 6981 P. 01 Cli nt : 30252 FOSS A CORD, CERTIFICATE OF LIABILITY INSURANCE DATE OWMMD/M 06/23/00 PKODOCC r..._. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Higginbotham & Assoc. , Inc. ONLY AND COMERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 908 HOLDER. THIS CERTIFICATh DO1 S NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TIM POLICIES BELOW. Fort Worth, TX 76101 817 336-2377 INSURERS AFFORDING COVERAGE. INSURED — INSU E": USF Insurance Company_ (Swett) Fossil Creek Land Partners Inc ~ - _........._...- _ ............ _. ...._ ........ ._ INSURER p: 6352 Skylark Circle INSURER C: Fort Worth, TX 76180 INSURER D: - INSURER E: COVERAGES THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIM INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIT RSTANDIN ANY REQUIREMENT, TRAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED o MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICICS DESCRIBED HEREIN IS SUB)ECP TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVF.BEEN REDUCED BY PAID CLAIMS. INSRTye OF INSUMNCI POLICY NUMBERPOI•ICY EtT TIv8 YO�1 p EXPIRATION 1JNIT5 - ~' A c>;NRRAI.Ltmary MS02998 04/29/00 04/29/03. BACIIoccuRACNCE s1, 000 , 000 X COMMGRCULGIINL•ItALL1ABR.frY FIRE DAMAGd(A+yowrke) _ S - 50 , 000 CLAIMS MADE L�J OCCUR MP,D PXP(Any one X BIL D,_Ded 500 PERSONALAADVINIURY $1, 000, 00 _ GtNERAL AOCRECATG S2.0-00.`000 GENLACURSUAItLIMITAPPLZSPER- PRODUCTS -L,OMPIOI'AGG S POLICY PRD• LOC •- - ....---•^- - — AUTOMORILF.LIABILITY COMBINEDSTMLE LIMIT ANY AUTO (1yw6dat) S �..._..— .. ALL OWNrV AVrOS BODILY INJURY S (Pu Iron) SI:HEDUI.r:DAUTOs IIIRBD AUTOS BODILY RVURY NON•OWNEUAUTOS (Pst lxx km) PROPtIITY DAMAGE S • (ft/a«kaS1 CARACQ LIABILITY AUTO ONLY.EA ACCIDIWT i ANY AUTO OTHER THAN SA ACC] I i AUTO ONLY: AGG S RXCRSS tlABILrrY EAcrl OCCtlRRr.Nrg S --.•. , S ^l OCCUR r�CLAIMS MADE AGGREGATE RRTI!NTION S S WCI'ATU• OTIr- WORKERS COMPYNSATIONAND RYSLUd1TS.L._ 1 K. .�_------ EMPLOYERS'LIABILITY E.L.EACH ACCIDENT E.L.DISEASS -EA BMPLOYEC S , PJ,.DISP,ASE •POLICY LIMIT I OTHER DtsCRIFr10N OF OnILATIAILCA,OCAT[ONSNIUUCLYSJEXCLUSIONS ADDED BY RM)ORSFMEWPJPECIAL PROVISIONS 77 CERTIFICATE HOLD R ADDOVNALNSUPIED•NSURERLRT111R; CANCELLATION SHOULD ANYOFTHEABOVRDFDICCRIItY.DPOL ]L-M IRA110N City of Fort Worth DATRT/ICRjOF,THY1S•1'umimuRRRWILLENDZAVORTOMAII.30 ,DAWw;trrTEN 1000 Throckmorton N(ntET MIRCRY"W)CATCHOLDLANAMRDTOTHILL'YT,BUTFAR.URE1000SO:l11ALI. Fort Worth, TX 76102 n►NPOSENO08LWAT10NORLIABILITYOFANYRA)DUPON MIEINSIJRF.uMACENTSOR REPMgKNTATIVES. AUTIIOKIZLD REPRF!ZENTATLYL ACORD 2S-S(IM)1 of: 2 #S44875/M44856 � BES 0 ACORD CORPORATION 1999 I1 77 -KN `O 02 rn CANOPY 0 CP-- I H w w I � orn ~ N rd W cc 3�-81 rA W � BACK OF N CURB �- Housro I srR ULT _ ORS HOUSTON STREET 2 - E��7PLA�N� SIDEWALK —0" ED o0 J C Q cQ O CO LU x x VAULT a ENTRANCE = x x m � � 5TH STREET a O } U v, UQ � O w<•, � } Z Y W Q J U- Q SECTION 0 1�g"=1'-0" O 05 vidaud + associates incorporated NEW TRANSFORMER VAULT 500 main street • ' iots�--- for the STS TOWER fart 87 . texas s 515 Houston Street (e») a��-ossa _J` architecture • engi ee�ijjl #�P.A riors Fort Worth, Texas ; DATE: JOB No: DRAWN BY: SHEET No: 9.15.00 20007 OR VA2 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 11,06/2000 PERMIT#5783 MAPSCO D.O.E.# (if applicable) STREET BLOCH FROM TO DATE TIME M-F TIME TIME SAT, ],5TH 515 HOUSTON MAIN 11/0712000 11/08/2000 9:00 AM 4:00 PM 2. 3. 4. T_ 5. TYPE OF WORK TO BE PERFORMED: (check all that apply) RESIDENTIAL C COMMERCIAL(SITE PLAN# D CURB/GUTTER ❑ DRIVE APPROACHES SIDEWALK © OTHER ❑ HANDICAP RAMP G STORM DRAIN n UTILITI(TYPE OBTAINED AN ENCROACHMENT PERMIT TO UTILIZE SIDEWALK&1 PARKING LANE TO UNLOAD MATERIAL FOR BUILDING. THIS PERMIT IS GRANTED TO THE CONTRACTOR UNDER THE FOLLOWING CONDITIONS 0 ALL WORK IS CONSTRUCTED IN ACCORDANCE WITII THE CITY OF FORT WORTH'S"STANDARDS SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION MANUAL" 0 ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL PLAN(TCP)SUCH AS SIGNS,BARRICADES AND WARNING LIGHTS TO SAFEGUARD THE PROPERTIES AND PUBLIC 0 CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL • INJURIES ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL 0 BE PROVIDED ITIS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT.1MYRESULT IN THE REI OCATION OF7HE CONTRACTOR'S LICENSE CONTRACTOR IS REO UIRED TO HA ID THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT[AT L Tu IES THIS PERMIT IS ISSUED INACCORDANCE 1I7THANAPPROHED TRAFFIC CONTROL PLAN'(TCP) FOSSIL.CREEK LAND PARTNERS CONTRACTOR PER ISSUER EMERGENCY CONTACT NAM F FART AST.Ahi 24-HOUR PHONE 336-0000 MOBILE PGR# CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AT THE WORK SITE AT ALL TIMES. THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. INSPECTOR SIGNATURE FoR-TW, . 0 Pu H I' ll--�ATKpT"r�'St1Cjj� ----vrrnrOlR rte-- � U v