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HomeMy WebLinkAboutContract 26767 CITY ONTR CT 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"' andy!N 6 EC-15-- acting by and through its duly authorized—u/i 6 E fr-ES L vF N T 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: AQ 619 ! 5r- Or tt-F tvf S-r P"te-i mcg L,+>uF o r Jonv Fs ! 5rREE T 6C T 1,)F-6;& ,lT f" f S �1ir limp CNN ffit'claky .y 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 CAN RINDIMEY FTo W CU)G)?HFAX. z 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. eta, The term of this agreement shall be for days, from to 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. PI ECON© CNN "E��I[ ����1Qy17 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 1)FRIN11 FROM C-MY SPUMY acceptable to the Director of Transportation and Public Works or hi 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 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. ���P�O�� �[���Q© Nothing herein shall be construed as a waiver by City to enfor e C lrf (iQ� penal sanctions prescribed by the Code of the City of Fort Worth an a �o 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, 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, taf es OVIrTt�is MOD provided for by this agreement or by any federal, state or 1 ca hf e Q� law or regulation. � ' M� p��e 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, inN@ whole or in part, by alleged negligence of officers, agents, servants, „ N,a 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 wiih 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 Certi IONRcD��,,� FIORD Insurance is attached as Exhibit "A". Grantee agrees to submit a irxc�����1Q� 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. 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 hereunder, venue for said action shall be in Tarrant County, Texas. 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. 0M CI A'1 F VY EXECUTED This 7 day of , 20 GRANTOR: GRANT CITY OF FORT ORTH B __----- BY: BUILDING OFFI L APPR ED TO FORM AND LEGALITY: Y �¢ TITLE CIT TTORNEY DATE: O C TY SECRETAIt DAT :©ntract uthorization Date Foy 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the trndersignerl atrtliority, a 1Votrrry Public in and For the State of Teras, on this day personally appeared t`_m A- Flern�a 9 ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the sante for the purposes and consideration therein expressed, its the act and deed of PSS L H uJd;vim O c-: and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (lay Of m d.�-1 , 20-0—. Affiant v'Po JUANITA JOYCE JEFFERSON Notary PubliC State of Texas Comm. Expires 06-28-2003 OF .Flo ry Public in a d for The State of Texas II CNN MC-lampy 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 ��'► �� ,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 a d consideration therein expressed, as the act and deed of and in the capacity therein stated GIY LN UNDER MY HAND AND SEAL OF OFFICE this —' — day Of Affiant Title /A". �O 1140taryPublic in andfor The State of Texas DEANNA L.BOSWELL 3* '_ MY COMMISSION EXPIRES March 29,2004 12Mo. 0t ENO ROAD WORK 1 Ii I 00 O O O O J YQ MW ° i:Q ° WW ° LL 2 LL 0° p p p0 RIGHT LAN O CLOSED I I p AHEAD Q O O Z D_ X IGHT LAN CLOSED I I AHEAD X ROAD f f WORK AHEAD o This plan is submitted for TCP. I certify this plan will be used for the following location(s): ' ;:�O�t.e,s Sim.,- he•h�,� �-r� � ��"-rh" �— and that all channelizing d vices *II conform to"General Notes" as shown on the bagk:•• tiit-- � �c� �� 1 '-5)FR v d AI 102200 ® o Signature: • Ca'V: Date: i'9. r e CITY OF FORT WORTH TYPICAL TWO WAY STR ETij` 01?�� �Ia TRANSPORTATION ONE LANE CLOSURE - �`4` iv! AND PUBLIC WORKS PLAN "A" /Sign .. 4 LANES,One Way West Tem Fence Fourth Street 3 Traffic Lanes Ihrin= eorutrue:Ion 1 Parlangg Lane Sunken Carden-One /Burkdes ( twee of Trane BbckM Ime of new pava sidewalk Pt=c t Phase 2 Sid—.A Gloaea Sign t av ir! ► -❑ 961 Building Entrance Closed �l During Paver Work on Phase 2 Only ,te.,law,,l iluln Lin), •A Pens to Proteet Pim', titri: .1 t� { STREE EN L , 9'-6"x 71'-0" eet on Fourth S = 674.5 SF f r` 9.4'x12Strcrt on = 44_SE 57 cJ F Street Rental �QLA LJ \ L 1615 SF x ays x$.02 SF/day = $5652 ✓. SIDEWALK ENTAL 7'-5"x 212'-s" alhoun Street 1577 SF PAFW Rehearsal Hall Facility S'-0"X941-0" Fi h Street =752 SF 330 East Fourth Street Suite 100 }� 7'-0^x 69'-11 re tth_Stre X49 SE Fonworth, TX 76102 t" Total Phase 1=2.8 3 SF � =1 2318 SF x 30 day x 01 ay= $845 L) tis V1 .+ l Phase 2 4'-0"x 143'-6 (F rth treet)x 175 day x $.01 SF/Day= $ 1005 (/2 r ' TOTAL NIOUNT $7502 trt.l 3 Phase 1:30 Days 866PEP . iM 'i 4ERY OCCUPANCY OF�'t,GUO int Oi'-r � t , P"r , v F►" RAN 3 DAYS t ,<WS ME, ALK FEE= E - -----. , 1. A A �n..Gt,YSExistin Parkin Lot '0i�,! a -P e C9 JL i Pri kling Entrance A ina Phan 2 Paver Work MUST kyr CFO Sid—.& Closed Sign Snrhorse ►Yid)t t 3 A RECENE AN 0fr °h' ' � SUR �Aj&NRACE \ 13I7 tl12 1711 -3 Parki og Meter Closed Sign � \ 4 LANES,One Way East Fifth Street 0►{ h 5123�d� e e Start Date: 9/13/00 Building Permit Number: '0-ck PAFW Rehearsal Hall Phase II Site Utilization Plan 08/31/00 1 h � 03/23/2001 14:44 8173355484 LINBECK TORNADO PAGE 02/03 ASM °ATEA"wporm ~} _ 14-DGC�2000 VYLM of TTexaa,k�D 8330 _ ONLY AND AIOONFERSNO FOGM UPON THE CER TMATE One R}vsYwaY HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR Suite 900 ALTFR THE COVERAGE AFFORDED BY THE POL�KAW BELOW. Houston TX 77056 {773y 9613800 GvlwrnerLESAr-TORDINC��� A Sher7a Hand AW TZu�I, Artl�ican ttsura»ca Cwnp+�nX ll19LM comp NY UNSECK CONSTRUCTION 001117ORA'13ON 000PAW P.O.BOX 22600 C 14OUS'TON TX 77227 cmpAIVY p TM 0 TO CMI IrY THAT THE POLX3£6 OF INSURANCE LISTED BELDW HAVE BEEN MSM TO TYPE INSURED MWED ABOVE'FOR THE POLICY PEMW IMPrATED,NOTVaTHSTANOM ANY RECUNMMERT,TERN Oft CONDITION OF ANY CONTRACT OR OTHER OOCUAIEW WITH RESPECT TO VAIM THIS CE TIMATE MAY BE OWED OR MAY PERTAIN. THE RWRANCE AF FOROED BY THE POLICIIM DESCRIBED HMM IS SUBJECT TO ML THE TEIILIS, DCCLLISIM AND CONDITIONS 00 SUCH POLIC113.UMITS 6YIOMM k"Y HAVE 8MN REDUM 9Y PAID MAN& co Tp LTME OF MSNC OaAC P01L'Y MOMLBL P01.1�Y l CINE AIM OA71L(I�yDDTYYy DATlQS7N�On'Yy A c+B�a33ALUAaury L0209090502 204DEC-2000 20-DEC-2001 a„� = 2.00v,vao X erynERowi OEWPAL wenn,• PFCDUCTl-00WXF AM S 2,00 0,0 0 0 CWMSMACE XX oxuRa WlJRY S 1.000,000 COWNE sACCkTMAGIC"PROr TACHCOMWa:NCE 1.009.000 n+eoexr «,. 10.000 A Avrowo9lLE UABUTY .TAK OM0402 20-DEG2000 2"EC-2001 A X ANYAurn CIS SAP209090302 204DEC-2000 20-DEG2001 COL ;EosmmmU cr s ALLOWNEDAUTM BOMY1HAJRY I SCKOULJ'-DAVTOO X 19moxarm 50MY01MY S X NON•ONNED AIJIUS (Per ecodmp PACPERfY 0k%U r-£ OANAC.EL!ABt P. ONLY-GACCEENY i ANY AUTO OR16R THAN ONLY` �e�:r,.i,wti.�.�'�•"%w•. EACH S RE9ATE p� Y EApiOCCUAAEN S UMaRaLA FQFAe AOOREGATF I OrHER THAN UMBRS-LA FOW A rlaaRERseoYPEreIATIOM AK0 WC209090202 20-DEC OOW 20-DEC-2001 xwCerA Y VatoTms' Y 9LiAChAQ9PCW. I f.000.000. Tme PRa."IeTm )( tNC1 YUurr' s Pcunve 1.000.000 OFFICERiARE 6 ' 0.015EASE�J1 OTHER DPSCR romOFOPB:RATIOMS/L A Lnv4 SEE ATTACHED SHOULC ANY OF THE ABOVE DEED POLICES LE CA34CEI BEIOi1E THF E)C pAY10N DATE T)IER£oF, THE H:stma COMPANY nYAL ENDEAVOR TO MAL TF 30 DAYy wwrN ROTrC£TO THE enTmAT'E HOLDER NAMED TO SHE IfF7 CITY OF FORT WORTH LUT FAJLURE To iWL SUCH NOTICE SHALL MKOE NO DSLIQAMM OR LWPLrJY 1000 THROCIa,AORT OPf 00 0 0 K THE COMI•ANY 'RS AGfNTS OR RFYRfSEHTA FORT WORTH. TX 76702 Aupirofftwo RE ZO'd Z£:£i Z0, £Z REGI bZSL-0�8-ETC xPd � E/Q� fV Mf 03/23/2001 14:44 8173355484 LINBECK TORNADO PAGE 03/03 W1��15 Mao cz� FL T}HS CE RCATIE[S FE DOES NOT. No jWWOEt TER ON Y ��GE AFFORDED B o artiYalr•D 83330 PF000ucex WE6 of Taxas,Inc. One Aiverway suite 900 LME-OK CONSTRUCTION CORPORATION Houston TX 77056 P.O,80)-22900 1713)901-800 HOUSTON TX 77227 Shaaa Hood THIS 13 TO CMFY THAT ME POLICIES OF INSURANCE UWW SEWYY "AVT ASN OWED TO THE 9MMED MUM ABOW FOR TM FOUCY PERNO >faMAYM NOTNRTHSTANDM ANY REQUIREMENT, TGRU OR CONDITION OF ANY COMTRACr OR OTHER DOCUMENT vM RESPECT TO 1YHICAI THIS CERIVICATE YAY BE NWED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUOIES DESCRIBED NERSIN MS SMIXT• TO ALL THE T't Uz. EXiC=1OW AND CONOt"DW OF SUCH POLM:IlS. LUT5 MAY HAVE BM REDUCES BY MID CLANS.- TYPCOP/6DRARCB POLICY IWMBER ►OLIBY EFFECTIVE DPOI.Ry E%P/IAT10N I M AN TE W&KOffn I ATE 0000 LIM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS' City of forth Vorth Streot closure permits for Job Number 1087 - Fort Youth Tornado Repair. The •Cfty' of Forth Worth is an Additional Insured on the 6eneral 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. IJ RCMdf SCO QF 9 wmn An Or THC•AWVE DE9=00 POLL"BE C•NQUi ED BOM _Q waAwhi OATS 1H61E,TIS BVM43 COMPANY 1YiL WMAW*TO WAX 30' DAYS WIATTEX NOTICE TO Txa C.CKIW Aw HOI.DEA NA TO RIE LEFT, CITY OF FORT WORTH our FAIUIRE 70 HAIL shell 10. MALL O POSE No OULMATION OR LIABLM 1000 THAOCKMOaTTON OF-ANY M UPON THE CCWftNY ITS wsffm OR PANUMENT&Tw ,. FORT WORTH TX 70102 R®A mom Ov £0'd ££:£T TO, £Z JPW b6S2-0v8-£TZ=XPJ joagwt