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HomeMy WebLinkAboutContract 26389 CITY SECRETARY CONTRACT No. CF 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 authorizedy)C,E MS i DC-30,3 C 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 ublic rights-of-way as follows: g 5PA-C.E S LC) cD N "Th E E o t= 9, - ,vja.2- • o 11LO(j 2_�TioYt��lL Rhes-�vs (� (bra-,z Tn ► o �,310 7V ST WON . WO`<'��IH� . 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 ST2 -10 g x 128 .oro l(o01C• 0al-Y' o0 'a o 0 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 40 _days, from' 27 to r'1 /oz- 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. ra IMP)r'VMQ 0 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 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 1 duly authorized representative and in accordance with theff existing City specifications, and Grantee shall remove all barricade,_ t supplies, materials or other property from said location. Grantee further A 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 folloNving 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 an the laws of the State of Texas for Grantee's contin "''} °` "( D 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 fiilly 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,;stat e 00 law or regulation. i h� c CR PURA Py ICIi �I�ri)Ci�l�B U� a 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, in. whole or in part, by alleged negligence of officers, agents, servant Q�© 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 $1005000 Bodily injury, per person $25000 Bodily injury or death, per occurrence $5005000 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 co o ate of Insurance is attached as Exhibit "A". Grantee a � s1 nilar (�o �l�,v�9 I1L7LNo 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 torneys' e R"ICN°\� fees. Cgi mc;MRY 9 EXECUTED This '' day of , 2000. GRANTOR: GRANTEE: CITY OF FORT WORTH ttW c� C- 1 BY: /,w BY: BUILDING OFFICIAL J APP OVED O FORM AND LEGALITY: ' TITLE CITY ATTORNEY DATE: r .CITY S CRETARY DATE: U All) Ms,C Contract Authorization Date HICORD 1.0 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and Fore State Texas, on this day personally appeared w"►'1 ,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 -�uErpo and conside atioit herein expressed, as the act and deed of �� I vj"; C> , clay and in the capacity therein stated. GIVENUNDER W HAND AND SEAL OF OFFICE this day Of N o e-r► 20 a Affiant T 1 n JUANITA JOYCE JEFFERSON Notary Public State of Texas N t iry Public in t nd for �;aF Comm. Expires 06-28-2003 The State of Texas 11 11611P D ZVA� RIND M PUMAVIN STATE OF TEXAS COUNTY OF TARRANT BEFORE A1E, the undersigned authority, a Notary Public in and For the i�rde pf Tex a�, of�s day personally appeared d•. W nd( ,known to me to be the person whose name is subscribed to theforegoing instrument, and acknowledged to me that he/she executed the same for theurposes arul c isi nation therein expressed, as the act and deed of U;«- PCe � and in the capacity therein stated. I VEA'FINDER A1Y HAND AND SEAL OF OFFICE this —? day of OJrm 20o� Affiant Title JUANITA JOYCE JEFFERSON Notary Public A tary Public in an foY State of Texas The State of Texas OF Comm. Expires 06-28-2003 12 g ,9U FS 00 SDS crL' ^Uc�LSWr"J���If Br 0 Us z " 4Q � oU /Ya 2 -4 19 1 ° rb M p u f �3 Q CL E � is C J� o \ x X Cj N � I " oca �. 4 4 } oEu- 30: . EEE tz ro— L c - 0 _ -V = .� r W a LO cL cC O Ntr: N N o C y 0000 0)o� E - � o -EQ '0 7 = > V CD LO CD F+ L NOEa. �° a' L � r O C O ami O ciL CLs c C CL•�Z O. F- a. CLca m U - m > Fes ■ 01/01/1996 12:08 4092911217 W Y A T T 45EtiCY PAGE 01 p/� P.erc-r..m. .d ORD„ DAT!iMLM41) Y) 1119100 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE WYATT AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 130011TH STREET &TER THE tZOVERAGF All! ppOf cc np.Ory SIWYE 305.E COMPANIES AFFORDING COVERAGE NUNTSVILLE.TX 77340 t ccAAvr STEADFAST INSURANCE COMPANY INSURED AMERICAN ENVIRONMENTAL SPECIALTIES,INC. CO'"P°"Y 2219 WEBB-LYNN ROAD g GAINSCO COUNTY MUTUAL INS.CO. ARLINGTON,TX 76002 COVPA,vY � CREDIT GENERAL INDEMNITY COMPANY 111 GCY�A>VV D THIS IS TO CERTIFY TWIT THE POLICIES OF INSURANCE LISTED BELOW HAVE 5CEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDX:ATEO,NOTIMTHSTANI0M ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLS&NT W ITN RESPECT TO WH"TMS CERTFICATE WAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL Tric TERMS. EXCLUSIONS Ah9 CONDfttONS OF SUCH POL=ES.t*ATS SNOW N MAY HAVE BEEN REDUCED BY PND CLAARS. co POLLcYEFTSSC W POLICYCAPMATtow LTR,l TYPE OF WSURAI" POLICY WumwIlt 017E ItnwDO.vrl DATE plwoorrr) LIMITS GENERAL LW.B0.ITY AAO 297-2681-00 713/00 7/4/01 ir'EaAL ADCRCcATE s 1,000,000 A X COMMORC AL GENC-RAL UA&LRY I PRODUCT6 COUDP OP AGO s 1.000 000 ICLABLSMADE aOCCVR INCLUDES POLLUTION I PERSONAL AADV"MY s 1,000,000 .�owr£Ytl OOIYTAACT09176 PROT LIABILITY DURING EAa OwL"fNcE s 1000000 X ASBESTOS/LEAD TRANSPORTATION f pR oAMAce wya-ln1 s 50 000 ABATEMENT 1 I wOow(A+rre's") s 5,000 AUTOU LLELIAeIUTY GBA115537 11/22/99 1122100 COAAMDSr.'OLELIMIT s 1,000,000 BI ANY AUTO ALL OWNED AUTOS 9001Y 3`LIt/FlT t SCHEOULED AUTOS I I�wron) X HIRED AUTOS l BCDr.r atl Rr t X r+oALOWuEDAUT05 IPauaaep GAAACEL("IUTY I AUT00�•Y-EA�L'GtDEN7 f ANY AUTO OTHER THAN Au'm OAILY. t:ACr,ACC-06NT S AGGREOATE s EXCESS UAEILrTY CAC110CCLIRTIENCE f VN%MLLAFORM I AaortsoATF t OTr{R TTtAN 1w6t1ELLA FORM t WO�v(!A'!COftPEN34Y}a1 X AlJO To v M73 ESA E tlDLOYFRS'LtAEIL17r TVVC 709-093-02 111/00 111/01 C ! EL EACH ACC MMT t 1000 000 T"s PTCL PAQP%.Y ov ' El Ic DSCASS•POtYL! T S 1 000 000 PAV11*At,EA(CLTNt RX I r----"- pFILYaSAAt EXGL IEL O:SE ASE.EA EMPLOYM 1.000i)oo OTHER I t ( ! I _SCRIFT RAi "ctr35 CITY OF FORT WORTH 15 AN ADDITIONAL INSURED ENDORSED TO l,4CLUDE 10TH STREET AS LOCATK)N. + .SNOULO ATtY OF THE ABOVE DFS{Ri"Q rOLVCA" s¢CANCIRLED EFFORT:TRE EXPIQAr*14 DATE 7MEXX0F. THE 0,3UNM COYNANY WILL ENDEAVOR TO MAIL CITY OF FORT WORTH 30 DAYS wR%,n E" NOT.cE TO THE CERr(rfCArU,HOLOfA NAMED TO TME LE", ATTN RANDY BURKETTro"L SUCH NOT:CE SMALL IMPOSE NO 0EIXMAT*N OR""WrY 1000 THROCKMORTA.v+ON ST„RM 263 M Txs COMPAXIV ITS Ao6NYA OR REPRESENTATrvf3 FT WORTH,TX 76102 AUTHO E ENT E, ?Y Il('JJy 11 `-' uilUPo CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS , STREET USE PERMIT DATE 11 07/2000 PERMIT#5830 MAPSCO D.O.E.# (if applicable) STREET BLOC14 FROM TO DATE TIME M-F TIME TIME SAT. cum I, LOTH 303 MONROE TAYLOR 11/08/2000 11/27/2000 2. 3. 4. 5. TYPE OF WORK TO BE PERFORMED: (check all that apply) ❑ RESIDENTIAL ❑ COMMERCIAL(SITE PLAN# ❑ CURB/GUTTER ❑ DRIVE APPROACHES ❑ SIDEWALK OTHER ❑ HANDICAP RAMP ❑ STORM DRAIN ❑ UTILITt(TYPE OBTAINED AN ENCROACHMENT PERMIT TO PLACE DUMPSTER AT PARKING METER#'S 4646&4647 TO REMOVE ASBESTOS FROM BLDG. TRAFFIC CONTROL DEVICES REQUIRED. THIS PERMIT IS GRANTED TO THE CONTRACTOR UNDER THE FOLLOWING CONDITIONS: • ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARDS SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION DLANUAL" • ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL PLAN(TCP)SUCH AS SIGNS,BARRICADES AND WARNING LIGHTS TO SAFEGUARD THE PROPERTIES AND PUBLIC • CITY TRAFFIC ENGINEER AND/OR INSPECTORS M-AY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL • INJURIES ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR A 24-HOUR DECISION-:LAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL • BE PROVIDED IT IS UNDERSTOOD THAT I70LATIONS OF THIS PEPWIT AM I'RESULT IN THE RELOCATION OF THE CONTRACTORS LICENSE CO N7RACTOR IS REQUIRED TO HAI E THIS PERI fIT AND TRAFFIC CONTROL PLAN'AT THE Li ORK SITE AT ALL TafES. THIS PERMIT IS ISSUED IN ACCORDANCE 647TH A:V APPRO I ED TR4FFIC CO.`7ROL PLA "(TCP) I-/-7 IC c AMPRIC'AN ENVI_RONME.NTA1.SPECIAT.TIF_S.fNC. CONTRACTOR PERMIT I SUER EMERGENCY CONTACT NAME TF.RR()I.T)ANinRF.RS 24-HOUR PHONE 817/417-4591 MOBILE 214 707-6586 PGR# CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AT THE WORK SITE AT ALL TIMES. THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. INSPECTOR SIGNATURE Fo o PuH DATE OF FINAL WWI 1M�rre--- �yrrlr�i`I�r�r�• .•-:wrr arr��.•: