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HomeMy WebLinkAboutContract 26777 CITY SECRETARY /1 CONTRACT NO. 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 �.,vd�cK �o �srRdtrioa� .�wy, 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: C17-Y 44*cA, y( CM ICKC EMEY 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 ($ Z 3?,Go) v RCU"I VIM �ry[p Q0�U��(��Jp��°J))�1f p\Q�Y 2 Y . y✓ITU Y RX 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 ( t- days, from �2t © ' 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. 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 existi specifications, and Grantee shall remove all barricades, equipment, CRY RNMEY R KaG? M 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 enfo c� Dffi�„p� P ECGRD G penal sanctions prescribed by the Code of the City of Fort Worth an I rQTY M(Ckmly the laws of the State of Texas for Grantee's continued encroachment- ° KO M, M, 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 rent 1s. provided for by this agreement or by any federal, state or local statute r� ����v ,Q� KCITH law or regulation. o ��o 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, it t FEGQ© whole or in part, by alleged negligence of officers, agents, servants, �RUD ° Y IFUN 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 Certificate of �FI IL lEC00RD RY � e(GEE Insurance is attached as Exhibit "A". Grantee agrees to submit a similar :�rV cC��E�M� RUUL:�LrUUQ � o 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. ffiddl EEO CDTY ct'ER 'QY 9 EXECUTED This day of52004. GRANTOR: GRANTEE: CITY OF FOR T WORTH i � Z�: v B BUILDING OFFICIAL APPR D TO ORM AND LEGALITY: TITLE CrA76RNEY , DATE: v CITY SECRETA DATE: Contract Authorization Date IPE CORD Ey 10 STATE OF TEXAS CO UAITY OF TARRA NIT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Teras, oil this day personally appeared 'Uni 11 , F( t+� ,known to me to be the person whose name is sttbscribed to the foregoing instrument, and acknowledged to file that he/she executed the same for the urpo es an cons'deration ti itt expressed, as the act and deed of �ss h r� and in the capacity therein stated T GIJ/DY UNDER MY HAND AND SEAL OF OFFICE this � day of 20-0 . fftant JUANITA JOYCE JEFFERSON Notary PubIIC state of texas ar> Public i rtn fn Comm. Expires 06.28-2003 rL., r/. <„ r r 11 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and Fthe State of Texas, on this day personally appeared Ao-vc,k& 1F-- kleLsr , ,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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Of 20--O—L. Affiant 1' Title BETTY E. SAUBER Notary Public,State of Texas Notary Pu c in and for {�+ MY Commission Expires September 22,2001 The State of Texas 12ESAU r(� N Contractors Name: L l, &cK Go.>sTevcnu Ca. m Point of Contact: q--R,4a,J l�Fss a Phone Number: 9t7 2 YZ 042 Building Permit Number: 'V Purpose for Closure: v m /fr T E N Begin date �/zi o End date //I !2 D,�Y1 ✓ No work permitted during peak hours:7:00am-9:00am and 4.00pm-6:0011m I„dscato No ✓ Required to have pedestrian signs during work at all times Type of Taper according to posted speed limit rr)r ` • Tapers @ 30 MPH 10 ft Offset 30 ft minimum r Ile ■ Tapers @ 35 MPH 10ft Offset 35 ft minimum r= ■ Tapers @ 40 MPH loft Offset 40 ft minimumLU a CZ7-r 10� 10, 0 s � \\� .. 73 uye (vsE rCr '� �1\ Q ti o E � vs6 r�� •,+ � r, F 0. ��. _ ✓ 4 � Gu pC Sv �l► x uJ 4 3RD T m i N N qX jD- 370 7�ry BiFYf ( E IT ,woo 0 �.' PRCCER ' 83330 THIS CERTIRCATE IS ISSLIED AS A MATTER OF WFbRMAT'ION V1 F7GS of Ter •as,lam ONLY AND OONFERS NO FLIGHTS UPON THE CERTIRCATE Ono HIS CERTWK.ATE DOES NOT AMENDi OaM OR Suite 99000 ALTER THECOVERAGE AFFORDED BY THE POUCIES SELOW Houston TX 77056 CQIWAr f-*APVO DM ooye�aa� (713)9613800 '16636403 IHOUS7 Sheila Hood cOMPANY Zurich Amorkan insurance CoenPAp1/ MUM COMPANY B UNBECK CONSTRUCTION CORPORATION O cANY P.O.BOX 22500 HOUSTON TX 77227 COMPANY D THIS Is TO CgRTIFY THAT THE POLICES OF KWRMiCE USM BELOW WIVE BEEN ISSUED TO Tt1$WIRED NAMED ABOVE FOR THE POLICY PERM *01CAM, N0nNTrHSTAND=ANY REOLUREMENT.TERM OR CONDITION OF ANY COWiRACT OR CrHER DOCUMENT WITH RESPECT TO WHiG!TMS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE 09PJPA M AFFORDED BY 371E POLICIES DESCRIBED HEREIN M SUBJECT TO ALL THE TMW. S OI.USIOFFS AND L70NDmom OF SUCH POLICIES. umrrS SHmw b1AY HAVE BEEN REDUCED BY PAID CLAIMS- CO TYPEOFINWRANCE POLMNUU13m POLICYEFfTb`M POLIIC'YVwmAmoov 1I111iS LTH Q^TE(MWOWM DATE OUNOW M A OLwRALLLASILrrY OL0209090502 20-DEC-2000 204:)EC1001 GENEFjALAGGRECiAArF $ 2,000,000 X COMMEVICIALOENERALUADILITY AM $ 2,000,000 - CIJUL1StlA1E D owvi FE AM Y 1.000.000 OwNElrs a CONTRIIL"YO"PROr EACH Oo�URR NM 1,000,000 FIRE DAMAGE fAiwOMWI s 100,000 MED EXP a,. 10,000 A TEXAS TAP209090402 7-0<DEc2000 20-DEC-2001 A X ANY AWO /S SAP209090302 2"EC 2000 20-DEC-2001 COM6INED SINGLE OMIT = 1,000.600 ALLOWNEDAu?0S BODIL,YIMAJFrY _ SGNEDUIED AUTO$ (I*Parlbft) X MIRED ALJR73 BODILY IALAIRY g x HONONNNED AUYOS (P-w dorl� PACPERiYDAMAGE 5 eAM1A.CE UASLrIY AUTO ONLY-EA AC CJDEKr S ANYALITO OTHER THAN AUIV 0NLY: EACH ACCIDENT S AGGREGATE EXCEBS LVJMJTY EACH ONCE E LIMBREILA FORM AGWEGATE i OtHER THAN UMBRELLA FORM A WRKERS COMPENSATM AILD C209090202 20ZEC-200, 20-DEC-2001 x wC srATu- rnr a:.,, FLtACHAC41DEW a 1.000.000. THENEF fIf ON PJM4M vE EL DI x INCL SEA&-E•{+pt„I(:Y UM1 t I; "L L OfTICMARE, EXCL ELDISEASEfiA 1.000.000 OTHER DE$CAW110i1 OF OPERATtolt4ROGATWHS(VtliiCLE9(SPECIAL fTEMS •,..�.�.�,.,,,r_q pr SEE ATTACHED =:' ,-;R SHOULD ANY OF THE ABOVE'4ESCMM-. G eEADRE T}� E)TIRATION DATE THEJIi£OF, THE (6SUNiQ 6&V FfY WILL EIIDEAYOR TT) I 30 DAYS WRTrrEN NoTtce TO THE CENTFTDATE HOLDER NAMED TD TIM LEFT. CITY OF FORT WORTH DUT FAILURE To NNL SUCH NOTICE SHALL MPOSE NO 08LIOATION O. LIABItfTY 1000 THROOWORTON of ANY FUND U THE ANY. 'ITS AGEKTs on 1;6FiEBHKTA FORT WORTH TX 76102 A MI' .._t.>: „�.°s •-,:<,a...., :,} r:r%: .:.a.. '<aa.L'::...;i:'" Y« a:T>�—xn'e •b"J;taS:F.i.�i'ie31:fr..x -•.,>�':'.. •xt:<a:{a:ieiYi'""•:5•• -»:'�i�, > <;k �.y:�;i:'l�..I:.:..�wfr7 ZO'd Z2:2I IO, 2Z -IPDA bZSz—Ob8—�I�:xed �jaqulj E Wi�1,s .. ItSyEDATE payOqYY) DE0-2000 HOLDERRTHIS CERTTWICATE �iR ATE DOES NOT END AM OR ALTER THE t0ACVER GE AFFOfiDED BYPT}fE &O ES EI.OW. xs 83330 PAOOUCE11 W riis of Texas,Inc. One Riverway Suitb 900 UNBECK CONSTRUCTION CORPORATION Houston TX 77056 P.O,BOX'22500 (713}9613800 HOUSTON TX 77227 Sheila Hood _..... . Tno n To CERTIFY THAT THE mwEs OF INSURANCE LISTED BELOW HAVE BEEN WADED TO THE WMRED NAMED ABOVE FOR THE POLICY PERIOD RMICAT®, NOTWLTHSTANDM ANY REQUIREMENT, TERM OR COMMON OF ANY CONTRAUr OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TILE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMIT'S MAY HAVE BEEN REDUCED BY PND CLAIMS.' TYPE0F9CP"MCE POLICY IWUBEA POLIV EFf ECnYE POLI[V r6"AT10N LIMITS DATE DATE DESCRIPTIO!( OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITENS City of Forth Worth Street closure permits for Job Number 1087 - Fart North 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. CJD Ir" VIIIlp'U�UII��,.illtL�� � �(�1�G \:l Ilrr� �1 W U ''i�.t �6�'f+, .FF.T'�~ y:/:wF��:�.j^K�Zs'�:i �t r.a•s '"r'.a <�..- ....... ',:a ��<5:3:::<:wt!.i�.E.lid-x .,w��t�iX+�....t:`i� S'::..<.�.�:!'•.W,- lr < "ouLD ANY OP THE AwvE DEwRWo POLICES BE CANCELLED BEFORE THE EXDIRATION DATE THEREOF, THE ISSum COMPANY WILL ENDEAVOR TD'IIAg- . 3O- DAYS WRITTEN NOTICE TO THE CEKTwICATE{iolbEA NAMED TO TNS LEFT, EOTY OF FORT WORTH BUT FAILURE TO NAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000THROCKMORTON OF ANY KIND uPON THE COMPANY ITS AggM on REPRPf:EIlTATIV>=.8. FORT WORTH TX 76102 REPJR I t:i:,i:?�:':e.•-i3'•'.:ar«r.. 1'. ,rrr:..<..-...:,cr.;.�», a:,>.i n::. t.. y ...,...�................,,„.. r.`•YlL., <.s .':i:j:4:>' :6f8: `^.L'., .K:? + <i,"'.1.yU::., :.r.4 .� �Ri$�<:cs:.:•iil 20'd 22:2T TO, 2Z i2w �3aqui�