HomeMy WebLinkAboutContract 26847 I T Y RET
�NTIRASECCT N0.
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
_ U413Ec.E Coogmuc7 W C041Mg7700
acting by and through its duly authorized ftE ParS(DF#-,C
-Mm NAS , 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
pen-11 'issicrto �Irprar , GIC1Ouch «pon, tJIJ and ccuppc4icns of
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the space under, on and/or above the streets, alleys, sidewalks or other
public rights-of-way as follows:
QgH&wn em6P AA 6o&�1"QFw*y ThIza4kn &ugm snan
460 VIroe:cIn very
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
rid am.o»nts Prescribed by the Ruildinr* Code. of the City of Fort Worth
for temporary use or occupancy of public properly. ,ilie estinrIated LoWi
amount of said fee is 3J'*220 = 28(O
X57.20 0
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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 120 days, from. 3uA)F-12-
to d &G5 provided, however, should the need for the encroachments
grunteI hc,eund--r t any tim, cc,,-, Grar:tee sgreev, to ?mnmediately
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.
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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.
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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 exis i W 21KN M
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specifications, and Grantee shall remove all barricades, equipm nt�h
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supplies, materials or other property from said location. Grantee further
4
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
tresp«ss or any other � m^fie or liabilitv in connection w;fli stack removal
or restoration. Urantee 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
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L l c x U��:'�tl U➢ TEX
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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.
i
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.
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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
whole or in part, by alleged negligence of officers, agents, servants,
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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
a_mrnmts shall be revised. ►inward 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
Insurance is attached as Exhibit "A". Grantee agrees to submit a similar
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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 tele-as and conditions of this agrecrzacnt or out of+.'.c .ase 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 f
Grantee, City shall be entitled to recover interest and reasonable attorneys'
fees. (CUQDo
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9
EXECUTED This_ 'L2- - day of_ �un�E , 200 .
GRANTOR: GRANTEE:
CITY OF FORT WORTH QV Ser- (-,-WS t,770V Com.
BY: too
BUIL ING OFFICIAL
APPRO ED TO ]FORM AND LEGALITY:
TITLE
CI TTO Y ATE:
T=
C TY SECRETARY DATE: "
Contract Authorization
Dare
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For tIr State f Te.Y rs, on this day personally appeared
; ,known to me to be the person whose
name is subscribed to theft1regoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration ierein
expressed, as the act and deed of Lejor ,
and in the capacity therein stated.
GI t N UNDER MY HAND AND SEAL OF OFFICE this (lay
Of r u -e -
I
Affiant
=�p,PY P
BRENDA J.NUNN
TATFnOTARYTI.:IC
'koF�+ mycom EXAS, I0-2001
tAg7e
ic in and or
The State of Texas
.il i9
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the�te of e as, on this day personally appeared
:':7 2, - -e ,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_ L1Nt3E' CON-5/X( 71W (f01W ,
and in the capacity therein stated.
GIYEI�'UNDER W HAND AND SEAL OF OFFICE this /— day
Of ,�1�'1' 20-01.
Affiant
GG
Title
Notary Public in and for
The State of Texas
r )EANNA L.BOSWELL
= : '= MY COMMISSION EXPIRES
r, March 29,2004
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83330 :,y.THIS ATE IS ISSUED AS A MATTER INFORMATION
Will'isaf" M Texas,Inc. ONLY AND CONFERS NO RIGM UPON THE CERTIRCATE
One Riverway HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENt) On
Suits 900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Houston TX 77056
(7121661-2900 16B COMPANIES AFFORDING COVERAGE
Sheila Hood COMPANY Zunc5h0*American3
( ouslinsurance Company
A
Ww"D
COMPANY
a
UNBECK CONSTRUCTION CORPORATION COMPANY
P.O.Box 22500 C
HOUSTON TX 77227 COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES Of INSURANCE U6M BELOW HAVE BEEN ISSUED To THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT 09 OTHER DOCUMENT WITH TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T14C TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS,
CO TYPE OF IftURANCE POLICY NUMW-14 POLICY EFFECTIVE POLICY EXPIRATION Ljmrrs
LTA DATF-(MAVOOrM DATIS(MMA)D/M
A GENERAL LIABILITY GL0209090502 20-DEC-2000 20-DEC-2001 GENEFIAL AUUMEGATE S 2.060.000
COMMERCIAL GENeAAL LIABILITY PROOLCM-COMPIQl'AGO S 2,000,000
CLAIMS MADE 7X OCCUR PERSONAL A ADY INJURY 1.000,000
OWNERS a CONTRACTORS PROT EACH OCCURRENCE 1.000.000
.5RE DAMAGE An om lira) $ 100,000:
KMEXP An one pemanl S 10,000,
A AUIDMOBILE UAGRAY TEXAS TAP209090402 20-DEC-2000 20-DEC-2001 COMEWNED SINOLE LIMIT $ 1,000,000
A X ANY AUTO O/S BA?209090302 20-DEC-2000 20-DEC-2001
ALLOWNEDALr= BODILY IRMY
SCHEDULIVAUT05 (P-P--)
KHED ALFOS aOOILY NJURY $
NON,OWNED AUTOS (Peracc=Q
PACPERTY OJWAQ9
GARAGE LIABILITY Avro ONLY-EA ACCIDENT
ANY AUTO OTHER THAN AL17
EACH ACCIDENT S
AGiGAEGATt! $
EXCESS LIABWJIT EACH OCCURRENCE $
UMBRELLA FOAM AGGREGATE L -
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND W02—.09090202 20-DF-C-2000 20-DEC-2001
EMMOnA;r UABLITY EL EACH ACCIDENT t 1,000,000
THE PAOMETCfV -POUCYUMIT S 1.000.coo
PARNERS[EXE-CLITIve X INCL EL DISEASE
OFFICERS ARF-- EXCL EL DISEASE-EAffN!!!SO)jC 11000,000
OTHER
CESCPJPTK)NOFOPKRATMNVLOCATZMVffjncUMWECtALMWS CITY OF FORT WORTH STREET CLOSURE PERMITS FOR JOB NUMBER
1108 — BANK ONE. THE CITY OF FORT WORTH IS AN ADDITIONAL INSURED ON THE CEMERAL LIABILITY
POLICY, BUT ONLY TO THE EXTENT OF THE INDEMNITY OF THE CONTRACT AND FURTHER SUBJECT TO THE
TERMS, FZCLUSTIONS AND CONDITIONS OF THE POLICY.
CITY OF FORT WORTH 11 W-ULD ANY Of THE ABOVE DESCROWD POLKUS BE CANCELLED BEFORE THE
1000 THROCKMORTON --'--Anon DATE THEREOF, THE rJS=G COMPANY WILL ENW.:AVOR TO MAL
FORT WORTH,, TX 76102 D 0 DAYS WRr"En NOTICE TO THE CERTIFICATE HOLDER HAMM TD THE LM.
'jFALURE TO MAIL SUCH NOTICE SHALL NPO"100 OBLIGATION OR UARILITY
"ZOF N - ANY K11011) UP THE COUPANY, rr$ AGENTS OR REPRESEWAMMS-
REPRE
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h'{_ Q n beck
Bank One Building Proposed Street, Sidewalk Closure Plan 5129101
Library Tandy
Symbols
(D Tnifr.Sin I
tght Pok
THIRD STREET 300 CY need two be poured. �V o,,,,,,,d P.—Pae
`+I • • f • • 7Encroachment
Set up pump at 6:30. n,n Hyd,'sm„yam Start a[7:00 and last until A �,a,.. 4 IN cc=� 2:00 pm Existint (1CMatwel Nm cd Rump• BarrelsTrailralSignage Legend
>--< Bancades conc ¢ RoadworkAhead
Flagman 1 RghLanaclosedAhead
Sth Flo ^
Flagmen will be available j 6/15/01 Grp . IL+tLaneChsednhead
to direct traffic IIr '6'nuD End Rued work
Pump trucks at the pump will o VV�
take uptwo lanes of traffic: I \' Jog Wight
One lane already rented and one =
riot rented.One lane of traffic 6 I E ° t
75 ton all t z, ^� J gLaR
will 6e available for the public. 3®
GD i to move up Mo
Trucks will come down 3rd _ a Taylor as ° t Roadl',ysed
Street and queue behind the Outriggers - w
n
fence on Taylor. As needed they Street s:
will back down Third toward the a i' `III I ILnskmartmClosureTeylw end Th°'1 Oct 2,2001)th”'
pump. Afterunloading they will Y I Ont 2 2W1
• `� Foutrh Sue :Oct 2,2Mw June b,20111
drive toward Taylor and exit E i Sidewalk Cl—
going Weston Fourth. - r13', 2,
Tykir I Fourth,11—kna mn, nand ThioO
l: ct 5th Floor South Pour 2000 thm Oa 2,2001
®S, ! 1
Dates are Tenative. The I i o Taylor 6/13/01 'y1l Additional Sveet C1.—:
following day is the back-up i - tl lane .,. b.9 on Tayicx JmmJuue 12,2001'dw
t
in case of weather,production, Requested a..
etc 4 months be SangerLofts
i
Bank One Garage I x to October
1 � I
o �1 -------
Existing Encroachment (10') �� �=`—
Barricade wRh Road Closed sign. -
Barricade to be moved when required - Fourth Jtreet �''li
for deliveries
One
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