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HomeMy WebLinkAboutContract 25906 C 0015/ 900 0/ CITY SECRETARYg5 qL0 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"' anti acting by and through its uly authorized Cts 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: g-000 Z 0'r600 0 ,l_ S 1A . o. jFf .Fvv o1mc- j ORD r� �� ' Sky 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 p 1 GU, duly authorized representative and in accordance with then existing; specifications, and Grantee shall remove all barricades, equipment, L I U p 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 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--- u��U��. LI 1.V penal sanctions prescribed by the Code of the City of Fort Worth ani I j��r gj,--pl51dn1` the laws of the State of Texas for Grantee's continued encroachmen "�`" a YEN. 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, law or regulation. ' ' G'Li' u�^' �c-_' COQ` 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, servan Ilk DI U L Cru:S�FU tWll�U . u4p ✓`ao 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 l,Jl&. JEnd Insurance is attached as Exhibit "A". Grantee agrees to submit a simil r , i'r VMA 8 . w 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. (i� Ivi C Ery I I�i�IGc)1U EXECUTED This day of P 52000. GRANTOR: GRANTEE: CITY OF FORT WORTH /�'•viti/�i �C�4/IaE'Ch/ BY: p a BY: C�� Gor7�/��.t c�d61-✓ BUILDING FICIAL �j-3o2,�00 APPR= AND LEGALITY: TITLE q"f CIT ATTORNEY DATE: - 41 ,16tip CITY SECRETARY DATE: - ud 'tv ,rn k IQLQw,12,E-P Contract kuthorization Date p6CAAL GSE(CuED CNN M,!2 Y STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and Fo 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 fortl purposes an 'consideration therein: expressed, as the act and deed of (fe rte; , and in the capacity therein stated. �MN UNDER MY HAND AND SEAL OF OFFICE th is i2�%--- day Of Affiant SPY'e(,c BRENDA I NUNN „ NOTARY PUBLIC STATE OF TEXAS N'TeoF +� My Commission Expires 7-10-2001 Aotary Public in nd f0 '� The State of Tera �r EC E V Ey STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For to State of Te , o this day personally appeared 1 n�c' '�►. ,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 theur ses and cons_ider on t�h�rein expressed, as the act and deed of and in the capacity therein stated N UNDER MY HAND AND SEAL OF OFFICE this day Of 20 6 . Affiant Title rot Y°e4� BRENDA I NUNNotary Pi blit in nd or * NOTARY PUBLIC STATE OF TEXAS The State of Texa My Commission Expires 7-10-2001 05/30/00 TLE 11:28 FAX 817 332 8289 tlK VI-tY 1i\SUKANUr, wvvi ACORD- CERTIFICATE OF LIABILITY INSURANCEDATE(WW-DDNY) 05/30/2000 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BRADLEY INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1415 SUMMIT AVENUE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FT. NORTH TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 817-332-8288 INSURERS AFFORDING COVERAGE INSURED C & R CONSTRUCTION INSURERA: DALLAS FIRE INSURANCE COMPANY 4032 SEVEN GABLES INsuPERe FRONTIER PACIFIC INSURANCE COMPANY FT. WORTH TX 76133 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE"ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFlCATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ItJSR TYPE OF INSURANCE POLICYNUMBER OL EFFECTIVE OL EXPIRATION LTR AT LINBTS GENERAL LIABILITY j EACH OCCURRENCE $ 1,000 000 XX,COMMERCIAL GENERAL UAHILITY FRE DAMAGE(Ary one fire) 0 200,000 CLAMS MADE O?( OCCUR I MED EXP(Any oris person) 1 5,000 A DGLOJ2492 11/04,1999 lI/04/2000 PERSCNAL&AOVINJUgY is 1 000 000 GENPRALAGGREOATE S 1,000,000 IIGEN-L AGGREGATE UMITAPP'JESPER: PRCOUC-S•COMWpPAGG 6 1.000,000 X POLICY � Loci, AUTOMOBILE LIADIUTY I i I COMBINED SINGLE L'MIT is -- ANY AUTO (Ea accident) ALL OWNED AUTOS j SOCILY INJURY SCHEDULED AUTOS (por person) 1 I HIRED AUTOS 3001-Y INJURY NON-OWNED AUTOS f j (Par accident) 1 j --I PROPERTY tDAMAGE 1 GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT S i ANY AUTO OTHER THAN EAACC S AUTO ONLY: ASG S m ESS LIABILITY I �AC H OCCURRENCE $ OCCUR u CLAIMS MADE AGGREGATE $ S 7 DEDUC^BLE 1 RETENTION S � s WORKERS COMPENSATION AND Ai X gq• EMPLOYERS'UAHIUTY COMPREHENSIVE EMPLOYERS ELEAC4AGCIDENT s 1,000,000 8 INDEMNITY NSP001194 11/09/1998 I 11/09/2001 E.L.DISEASE•EAEMPLOYE S 1,000,000 E.L.DISEASE-POLICY LIMIT IS 1,000,000 OTHER DESCRIPTION OF OPERATIONS(LOCATIONS(VEHICLES!EXCLUSIONS ADDED BY ENOORSEMENT!SPECU0.PROVISIONS PROJECT: 209 W. 5TH STREET, FORT WORTH, TEXAS 76101 0KCAL FIS" D i CERTIFICATE HOLDER X iADDITIONAL INSURED;INSURER LETTER: A CANCELLATION Ir ` =P,F 1 SHOULOANYOFTHEABOVEDESC 189 FILI F F BEFO ETHE EXPIRATION DATE THEREOF,THE ISSUING INSURERI4tJl�, "�"a DAYS WRITTEN CITY OF FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON FORT WORTH TX 76102 IMPOSE NO OBLIGATION OR LIABILITY O ANY KIND UPON THE INSURER,ITS AGENTS OR FAX: 817-871-8305 REFRE3TTATIVES. AUTHORIPZED-49EPRESENTAAVE�L I ACORD 25-S(7.197) ®ACORD C bRATION 1988 EXHIBIT r c •� Illy 3a d S _ v ' 140 � W cpnto cJn- to r cu 44, kn 0 CL lugi CL V } a -�--� CII) U. V vC O F- c IPW 0// NN r, EXHIBIT