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Home My WebLink AboutContract 26658 CITY SECRETARY CONTRACT NO. j 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, herinafter referred to as the "City"' and gwCr_ 87- f'6?-T N W L , P, acting by and through its duly authorized LIN66C C N STe-Lx.i r oN , hereinafter referred to as "Grantee". WITNESSETH: 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, uses and occupy portions of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: 5 ON 6 Loci az V'LLG"s ' Tltr SoytE4 G,pE of 4- ST2i_ET BFTwEEN . (AYwe �'tfKuLK-WloleTdV, T�YF_ NoRTt+ Sl off of 611 smeeT !3F_Twrr-m TAyLo2 TttRtX-K-YUto+(LTo 11M WEST SiGG cF ITMOLLUKoe-ToN [3EIMEEN +r # Sri _ Tt+E 6ASr SIDE of -t-tk4we- 4r 5 r++ Ste YV,,%-ocx vv OCLA-+,.. �cp ypp � ��° Y Y , YVjo'E 7H Ma The location and description of said encroachment is more particularly 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 property. The estimated total amount of said fee is '$ o- °C' L Sy-up- 1 PA Yv%A-0E F-Y-a Pr-wN) _ (o`i -1 Li 151 dkIs — 3lbytgs5`f. �EC> a- V-) ISL OFFICIAL WORD C In,SEC MY FT. y ,0. 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future 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, reinstallation, 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 determined by City. 6. The term of this agreement shall be for. days, from- to 1/1/°1, 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. SPU SEE V)RAP°V MM��U MM 47r� 3 o U!' �;� U 15We 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. 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 protection 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 Ci CN CO°i! 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 too 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 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 designee. All repairs shall be performed in an expeditious and workmanlike 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 - RL penal sanctions prescribed by the Code of the City of Fort Worth and rV t,E R. p� the laws of the State of Texas for Grantee's continued encroachmentJC�� ° 5 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 public rights-of- way, including the portions of such streets used and encroached upon as described herein, 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 to be used for any public purpose the said encroached portion of the streets, then this agreement shall be automatically canceled 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, g law or re ulation. 6 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 public 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 �;,�� uGOI�� '��G�D whole or in part, by alleged negligence of officers, agents, servants, CZY�,Eu�i �j� Rol��G'�G�p 7 EXECUTED This d day of �� -�� , 2000. GRANTOR: / GRANTEE/: CITY OF FORT WORTH n 0-,-1 c�C-( �[�r�547- BY: J9AOL" BY: BUILDING OFFICIAL APPR ED ORM AND LEGALITY: �� TITLE CITZTMIRNEY DATE: / CITY SECRETAR DATE: _0 t lu D AktKc, R u 12 Contract Authorization Date 1-11F GOA UNIDO J'u C�r � UIS WnlUS li 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the State Texas, on this day personally appeared —fI I �' o wi 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 or the nitrposqs and const a ation therein expressed, as the act and deed of t ' I J n U t ��C. '1 I , and in the capacity therein stated. GREN U DER MYHAND AND SEAL OF OFFICE this rC day Of 20L�-. AJC Affiant �.�""• e JUANITA JOYCE JEFFERSON Notary Public r State of Texas ✓ v'4F�+ Comm. Expires 06-28-2003 Not(i y rblic in a�'d for The State of Texas 11 G � �,��1�JE �G JPCb JS G aiU1J � o STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Nota�J� :c in and For the ate of Texas, on this day personally appeared \— 1 u'C- l- ' h��- 0 ,known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for t:epurposes and�pnsideration therein expressed, as the act and deed of Zl, rtt- ;-- and in the capacity therein stated. VEN UNDER MY HAND AND SEAL OF OFFICE this day of 20-L)-2. Affi�t Title Notary Public in and for The State of Texas LNM BETH :jER r NOTARY Slue of�Exp.1 CORN P EC( o)r� 12 CIP'M rclar, F(7t2jW96l-29W Fa 93350 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATgN of Teras,Inc. ONLY AND CONFERS NO .RIGNTS UPON THE CER71fKATE ivwwwy HOLDER. THIS CERTIFICATE 'DOES NOT AMEND, EXTEND OR 00 ALTER MC COVERAGE AFFORDED BY THE POLICIES BELOW, n TX 77056 COMPANIES AFFORO=COVERAGE T6696O03 {MousL ooMPANY ZAAneh Ameticah Inauranee Company Shells Hood A MaURED COUPANY B LINBECK CONSTRUCTION CORPORATION C WAMY P.O.BOX 22500 HOUSTON TX 77227 ccwAxv D TM m TO COM"THAT THE POUCIE5 OF INSURANCE OSTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD MfDMTED. NOTWRIISTANDINO ANY REOUIREMENr,TERM OR CONWM OF ANY CONTM=OR OTHER DOCUMENT WITH RESPECT TO WHICH T1AS CERTIFICATE MAY BE RMED OR MAY PERTAIM THE INSURANCE AFFORDED BY THE POUCIGG DESCRIBED HEREIN 18 BI.WECT TO ALL TME TERMS, EXCLUSIONS AND CONDRIONS OF SUCH POLICIE& LIMITS SHOWN WAY HAVE BEEN REDUCED BY PAD CLAJM& col POLICY El�CTTYE PDL=EVIRATAOM LTN TYPE as eAstIRANCE ooucv MUMYEN DATE a�Yn DATE OU"WM urns A cOMAALUAstm GL0209090502 20-DEC-2000 20-DEC-2001 OENEpAL AGGREGATE $ 2.000,000 x ONiadEFIOIALOENENALUA&LTTY PFKXX)CTZ4XVA3l0PACO 2 2.000.000 ;,. OUAB YAoE Q CCCUR PERSONAL t,ADV : 1.000.060 O NEW$iCOPRRACTOR•SRROT EACHOOOURAENCE c 1.000.000. RM DAMAGE 0Mfm E 100,000 MED EYM ons 10,000 A "Ua y TEXAS TAP209090402 20DEC•2000 20•DEG2001 C0UUlNE0&NOLEUMIT t 1.000,000 A x ANNA= /S SAP209090302 20-DEC4000 20-DEC-2001 ALLOW ED AM= BODILY MLAJRY • SCHEOIA=MftUS Mw Ord X AMOS BOOILYINJURY X NON4MVNMAVrOS (liramderiQ PRCPEATY DAMAoe GARAGE LIAEILM AUTO ONLY-F,w ACCIDENT S ANYAUTI7 OTHER TMAH AUTO OIiY: _Y:Sas:,�; "sgF";K _4 k4 EACH ACCIDENT i —H AGGREOATE Op s UAM,ITY EACH OCCURRENCE $ UMBRELLA F+CRM AGGREGATE S OTW-R THAN LOASRELLA FORM A MfOI;KER>lCOAAPEIISAT10I1AMD 0209090202 zo oEc2000 20 DEc2oo1 x !ST��,- o�►, �v M EMPLOYfJkS'LJAINUiY ELEAG3HAOCIOENT t..:.., 1.000.000 THEPROPAIE" x INCL ELDISFASLO�OLICYUWT S 1.000.000 P� arcimsAL>S Fot ELaSEASEtAEMPUME It 1.000.000 OTHER Oftcm mNOFOPEAATgMMArATIONW Mla„UMECuu.rrsrs CITY OF FORT WORTH STEET CLOSURE PERMITS FOR JOB NUMBER 1139 — BLOCK 82 TOWER/ANNEX. THE CITY OF FORT WORTH IS' AN ADDITIONAL INSURED ON THE GENERAL LIABILITY POLICY, BUT ONLY TO THE EXTENT OF THE INDEMNITY OF THE CONTRACT AND FURTHER SUBJECT TO THE TERMS, EXCLUSIONS AND CONDITIONS OF THE POLICY. . 2 €{S slact; tIr as.T�l Esq t€:}` .t `E€fii .'tz- irk x ........ ....... ....... .LV.:k:s:" ...�..,..�.R '>v..:��,tiX' .�il.�..�.1�,�. .S�I::TY•k�<�. .. .. ..W .. ...0 a ... ......�)........... �».� ....., CITY OF FORT WORTH SHOULD ANY OF THE AWVE DESCRISEO POUCES SE CANCELED LIEFIORE THE 1000 THROCKMORTON MMAT1DM DATE THEREOF, TNF ISSUINO COMPANY WRL LDIDEAYOR TO MAL FORT WORTH, TX 76102 30 DAYS WRITTEN MOTTLE SO THE CFRTTMATE HOLDER MANED TO THE LEFT, BUT FAILURE TO AWL SUCH TIC!' OR uA6LLJT'T OF ANY KIM O u N TME ,'�` ESENTATiVES. A REP ZO°d 9Z:6 T0, 9Z J1W bZSz-Ob8 DTZ:xpd �oaqutj YCY-AaLsUMQI IDAYS OR LESS - J 60PANX Fes- SQFT. X .01 X '- DA4 . C: •.__SQA, X x � DAY'S • 4th Street TOTAL . a f Li 14 - qG *~,W MV CALL FOR AND RECENE AN HVECT04 AFMP AU APPROPOW BARMM OR 0%-MCTfONS ARE IN PLACE ■ ■ s2 • � 16w o Bank One • C 500 Throckmorton coo H � JIM • F N 5th Street —�. W E 1 S Linbeck Construction X Sidewalk Closed Sign 201 Main Street, Suite 1800 • Street Light (City to remove) Ft. Worth,TX 76102 Sidewalks to be Closed Chuck Lentz/Amanda Glassey — Fence at curb 817-335-5764 (office) 817-832-6099 (Chucks mobile) ■ Traffic Signal All sidewalks closed 4/2/01 through 9/1/01. O FFI NAj g COID C8IY t%CjFKff 3 o I5 J:I-W0 TFX