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HomeMy WebLinkAboutContract 26757 CITY SECRETARY its CONTRACT No. �Y / 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 acting by and through its duly authorized_ 4,x&,eKx , hereinafter referred to as "Grantee". WITNESSETH: 1. r':... i �:,• �rr�n, +, Zr. nit}�^ -ngvr,?P !t by Cri.SInth.P, of tbp 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: i-1-1XIA-1 VEND �L,TV$E G?M Ey Iip"o �,�i��J`_qq TEX 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 poi LIvn of uic pLibiil� 118iiL6-- 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 // '?%'�i�/ <//1�-r1/1�'C^/� 11 IL41 �.l�/F�j D 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 j- 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 _ - - 11U11i11116 \,_JI iLA vi �i. �.LJ :•_ terminate. Ent F 3 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 T40 ti. �r.T•;.,r� /lT ti,yln q<' nP,Cf',Ssg' 7 I.)V 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 NR a OD 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, sunnlies. 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-ot-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 1C;111OVtii �LIIUIvt .� 1 :« _ . ..: �� _ :i r''1?r ` hiipn f(1r ca*Y1e,, bV City. Nothing herein shall be construed as a waiver by City to e f f-60941- PECOIM penal sanctions prescribed by the Code of the City of Fort Wort a the laws of the State of Texas for Grantee's continued encroachment 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, qhgll 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, law or regulation. PECGPD �o C�JrK.11VH1 VEX, 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 connecoon with, uirect y of 1110'11-ewy, Lhe maintenance, occupancy, use, existence or location of said G� DO RD ()MJl(YI.DAU encroachment and uses granted hereunder, whether or not caused, in v v 1 DOW whole or in part, by alleged negligence of officers, agents, servants, �11CAyyr;r, �� gall U :v JJIJ f. 7 employees, contractors, subcontractors, 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 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. 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 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 thirty (30) days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certific"te of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar- `�'� w 8 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 of Grantee's contractors. 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. 16. 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 hereunder, venue for said action ch-.,11 hr- it Tar-nn+ { .nlltifv 19. In any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. 71 1lo 11111T1AMe. EXECUTED This '4�" day of m'Y , 2M& 2001: GRANTOR: GRANTEE: CITY OF FORT ORTH LIL.BEcx coNSTRIJCTION CORP. B B . BUILDING OFFICIAL APP OVED TO FORM AND LEGALITY: SENIOR VICE PRESIDENT TITLE CZ A ORNEY DATE: CZ S` O ITY SECRETA DATE: Contract Authorization Date 10 STAT' OF 9EXAS CO UAITY OF TARRA NT BEFORE ME, the undersigned authority, a Notaa 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 instrument, and acknowledged to ire that!ie/she executed the sante or the ur osKV; o—, dnsideratioj t rein expressed, its the act and deed ofSSf. lC7 a d.1, and in the capacity therein stated. GIFT,N UNDER MYHAY D AAD SEAL OF OFFICE this day of I VM\ 20�. Aff<anl �S/rY P n JUANITA JOYCE JEFFERSON Notary Public � ., State of Texas Comm. Expires 06-28-2003 ?zeSlale T of Texas 11 r ..� 11-R YKJ;11111 �C a 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 HAROLD E. HEBSON ,known to me to be theperson 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 LINBECK CONSTRUCTION CORP. and in the capacity therein stated GIVEN UNDER W HAND AND SEAL OF OFFICE this 8TH day Of MAY 20 01 . Affiant SENIOR VICE PRESIDENT Title BETTY E.SAUBER , :"`•�pT�u�`�. Notary Public,State of Texas My Commission Expires September 22,2001 Notary Pub in and for The State of Texas OQ 12 ° ^ J :)ntractors Name: Z1A0,Ee14 C_n�srRvrTian/ )int of Contact: lone Number: P/7 2J/7 dz/9 60� gilding Permit Number: (ho(o5-700'fCI0 9; irpose for Closure:—� /1'©©0/5 1 )gin date .�1 �l�L End date `b�dH o\ No work permitted during peak hours: 7:OOam-9:OOam and 4:OOpm-6:OOpm A �� 4 tndicato North arrow ram t-, Required to have pedestrian signs during work at all times 7 , 30 ype of Taper according to posted speed limit: yet S .;= V. Tapers @ 30 MPH 10 ft Offset 30 ft minimum Tapers @ 35 MPH loft Offset 35 ft minimum Tapers @ 40 MPH loft Offset 40 ft minimum c d 3 0 a � z • .o i— ) Cn. r` � o 0 iM X X (8� = 4 z0 Utz- --- a o �J i24e' < U d W 0 0 W t ".- '..� •..�..,Y,+t.t- .. y.:���,�:T.,L.. .n�j :.x.�....t. .T'f:..y.r, r„x'A�T.�”...,.•., tit. "" x -•.».».... - :...:<.,.,... �] ... .,. 'i .:,, r.( x DATE GMWDO D/�ry7.. �x 14-0EC-,ZOOd � .��. � `��•h�� r ,H�rcwY t� .t'.+w}:i-xir�..• w �. PaootxFe . TI 83330 1rUS CERFICATE IS ISSUED AS A MATTER OF INFORMATM 11VitF.s of Texas,Inc- ONLY AND CONFERS NO RIGHTS UPON THE CVnIRCATE One Ri"rway HOLDER, THIS CERTFFICATE DOES NOT AMEN, EXTEND OR Suite 900 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Houton TX 77056 (713)961-3800 cwwl�A�Llw�s�on0ura°°�"� uiAmsI CcwANY Zch can lnsuranct Company Shch Hood A riSLJREO COWA.NY B UNBECK CONSTRUCTION CORPORATION CCUPANY P.0.Box 22-500 C HOUSTON TX 77227 COMPANY 7M IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHST-ANOING ANY REQUIRWENT.TERM OR OON0ITION 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 tS SUBJECT TO ALL THE TOUM. EXCLUSIONS AND CONDfTKM OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUC-ED BY PAID CLAIMS. co TYPE OF INSURANCEPOLCY NUYBER r0LtcY EFfv7nYE r0Lr-Y EXPtnATtotr ,S LTR DATE(Rmmwm DATE OoMybwy) A ocK ALuABmm GL0209090502 20-DEC-2000 20-DEC-2001 GENEAALAWRMAT'E s 2.000,000 X ALOEKSRuuAstLm PFCMlCT8lC*M?a AGCY S 2,000,000 Cul► MAWFX oxL1R PEF7.40NAL a ADV INIURY OWNERS GCKTRAGTOr'18 PRQr EACH OG'CURRENC£ I,OOO,Q00 FlR�DAMACIE one Isre i 10 0,9 0 9 MEDexP o,. 10,000 A AtrrOMOgU LAY TEXAS TAP209090402 20•DEC2000 20-DEC-2001 A X ANYAUro O/S BAP209090302 20-DEC-2000 20-DEC-2007 c�rTerrcE09rICLEUAITT i 1,000,000 ALL( VNEOAtJT0S 5004LY1NJURY S SG't'tEDUIED AUTUB (Fw P—bn) X HREDWM3 gOGILY II+LA1flY S X NON-OWNED AV= 1p�at6dk . PA PFRTYDAIAAGE- S 0AILAME LIAB&M AUTO ONLY-EA ACCIDENT L ANY AUTO OTHER THANAUrOCNLY: 1hc:dx.<;�ax°:`'�`- 'i: s-• EACH ACCIDENT S EGATE ExcmLIASILI Y EACrro�NCE $ ULL9RELLA FCAM AGGPEGATE S A won KERS AND 0209090202 20 UEC 2000' :tU UEC:1I}U1 ii ;; ;� EYnt.oYr"LU gift 1,000.090` EL EACH AC:.I GENTTHE S PART-- TIETOFv X INCL EL aSEA•sE jnMY Lnarr s P AFnT1FAS�XECt,E'7 vE OFFICERS/IRE EXCL EL g5FA5£EA YEE S 1.O O O.O O Q OTHER DCS=P 10NOFOPERATIOH4ILOCATDRSNEIK:iJ;"nCtALnEW 1rj ,Fr ATTAr11FD cr Qe���' If`L�IIWUStl �iv: S' "«.B't'u'e _,,.x? ..i. .•....•. �' *" _ is=ri.-�1 � „__ t . - .. ... .__ .. . .. . ....,.. ........ .S'.t`!..`.i.u.:...l.�i7+•...t'' .t ilti...., ksa. -.rN,Sxck�eL•....rz'�,a.�.... ... . a<� :. ...'... ... ..... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E7CPiRArc-m DATE THEREOF. THE KSUM COMPANY MILL ENDEAVOR TD II-AL 30 DAYS WRITYEN NOTtc'E To THE ctATIRCATF-HoLDEA NAMED To THE LEFT, CITY OF FORT WORTH BUT FAILURE To"L SUCH NOTICE SHALL PqPQ*�NO OSUCLATION OR UABHJ'TY 1000 THROCKMORTONOF ANY KIND U THE CONT— M AGENTS OR REPRESEKI'ATtVES FORT WORTH TX 76102 A OR RFP .r; .-`'iLi� _:��: a "J'•.j���r: ..,.;z<•t«�.,h:Y';'�'^ �� i.�,t.�'; :?I: s�r r. �T.... 1�< � IS ��^� iivVL1 Y,GC7 �� ,C,yt i�.,:, Yi�bDfa'kDf71L'vw.'•..i7 T< . ..r. ,.St... . ,.:. !�.... ZO-d 7-2:21 T0, 27- uleW b�Sz-Ob8-�I1:xpd �Daqu1] Riyi ERNE_ �•-, 1 r; a i• <ktx f a•,o„ IL M%• s ..s 74 DEG200oDATE g0*V0fMKSE TY11J TIFICATE H LUERRTHIS CERT�IR ATE DOES NOT END EXfIEND OR ALtER 7HE GOCVERAGE AFFORDED BYPTHE PKICIES BROW. 83330 PRODUCER Waris of Texas,Inc. One Riverway suite 900 LINBECK CONSTRUCTION CORPORATION Houston TX 77056 P_O,$OX 22500 (713)961-3800 HOUSTON TX 77227 SheVa Hood �a L • ._..�"D`.1-'.A::'....w, - til7:�i^."L`'•.• � .�'M^rd..�..::liselr� �' . . a'!� "F!t!.... •, r '1GSSl.. ............_..... . >t�` '� ...•:�.w.... '••�k THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW FNve BEEN ISSUED TT7 THE INSURED NAMED ABOVE FOR THE FC)LICy PERIOo INDICATED. NOTWTIHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WHICH Ty{S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMIT5 MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPEOFMt4VRAMCE POLICY IWIMER POLICE'EFFECTIVE POLICY EXPIFIATIOM LTAIRs DATE M DATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS City of Forth Worth Stroat closure permits for Job Number 1087 - Fort Worth Tornado Repair. The City' of Forth 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. 11 Ell C, US� �y+NQ�N 8ry)�I�,'v��Rcly 8 18 Yti - U-ai Tal ... .:..:,::.,. :....o...-< .ae... .�«:•u:::..::••1,• >.r<.r:<�. .. _ w&iii::"';! :t,. :I.t:r,wy12-I•f: 7r:�s:e.Z..<:,•ti<:: -,Z. •.1:�', r.r.':(1.:,'.t�� X.. N; .�Z.I�' �'<�.,: rr<L�' '::I:N,:�..:. {:e}C'.i .,:+:,:l:' ,:ra.. °.r:...:<__........?.:.Y::o-.:�.1::�::,....<.. '1_'..t•Fi»•x...� j'f:•:,, ..�'�, �,:..< ...... rrar.. ..._.�. ...S..r'::::.....:o....... ...............:wf-.. .e,:e..:.,........:.:..:;.SKr . ........ 8FI0(JLD ANY OP THE ABOVE DESCHMFD PO.)=BE CAMCELLED BEFORE THE 0(P111ATION DATE 7IXPEOF, THE MSUWO CDIIPAW WLL ENDEAVOR TO MAA 30 DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER MAM£D TO THE LEFT, CITY OF FOFT WORTH BUT FAILURE TO LUUL SUCH NOTICE SHALL KPOSE NO OBUOATIOM OR LIABUTY 1 000 THROC KMORTON OF AH��r/"p uPC M THE COMPANY US AOEMs oR Rer1ESENTATrvF!9. FORT WORTH TX 76102 ' '•;.{:'f +• ti T'e ti"^�, <'.�,i^ ...r.,,'.,:: 7:e.:.t"w�':i< ...;X' C 4 L` ^';%F?": ,{'.d`��.i.l'.i.',.:•'•`:k H r t{!.. :. <:1 :f.E<oW..,.rr•.ef:,rt.il,,.:. �:..<.Fi <:es oSt -! �.�. 1.. •v.i:.<,2fe; .er, ..«.I t&:..k»:eT<::r.<:'1:"�Z;: ..e :S 20 ,d 22:21 10, 1? ueW vzsL-M-21L:Xej �3aqut-1