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HomeMy WebLinkAboutContract 26552 u CITY CON RACT No. 5 CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TAEtRANT 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"' ani I:k e acting by and through its duly authorized ►cePCS s l d� . 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: P Oqce 0- ✓n f? Com tv +I W s 2mr1 e c s+ tyt/vo 0 w. s� OFFICIM PECORD elffy �j�`cG°M 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 - .691 ?off a = 6" 1< •o a k as = aG. 'Yo M 2 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. 9a The tern of this agreement shall be for_�-5 _._days, from to _2' provided, however, should the need for the encroachments granted hereunder at an), 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 tNventy-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 existing Cit specifications, and Grantee shall remove all barricades, equip-w%� ����G � � PIMMPV supplies, materials or other property from said location. Grant e� U JO V�J L�! 0 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 penal sanctions prescribed by the Code of the City of Fort North and the laws of the State of Texas for Grantee's continued encroachment M- M 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. IV:�GBG� E'C00 © R. %NK,14`H, YEK 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 hind 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, employees, contractors, subcontractor8, 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 `North. A cop}, of such Certificate of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar 0MCNIAU PECOM MV 2uS�+�Ip�111M8 V II Va CU)111IN � d 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. _ pp rr //����,, %';P: F' i �AL �S��l�:V°P 9 � k';G�� A ry r�;�u�c'��9 ��0 EXECUTED This day of \�4 , 20+ GRANTOR: GRANTEE: CITY OF FORT WORTH BY: BUILDING OFF IAL APPR VED T F RM AND LEGALITY: TITLE C A ORNEY DATE: CITY SECRETA DATE: 67_ O Contract Authorization Date CIA PECOORD 10 ` rpTayro!-I I �::. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a A'otag Public in and For the State of Texas, on this day personally appeared Pon4A 0C(A,((V" ,known to me to be the person whose name is subscribed to the foregoing ulstrnnlent, and acknowledged tome that he/she ereciited the sante for the urposesd cons'deration therein expressed, as the act and deed of e. Demou wlow Y and in the capacity therein stated. ,ill Eli' U2 DER MYH. AD AAD SEAL OF OFFICE this � dal of AhHOwm 20 01 . Affirutt JENNIFER WALKER CHOWNING # Notary Public,State of Texas My Commission Expires o Nov.20,2004 V- A'otarf Aiblic in and for The State of Texas 11 rr L JPD G'l�C(0 D STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the zutdersigned authority, a Notary Public in and For the State of Texas, oil this day personally appeared ,known to fne to be the person whose name is subs ribed to the for g g instrtrntent, and acknowledged to me that he/she executed the same for the purposes nd consideration tlierm expressed, as the act and deed of bAdd r cf, , and in the capacity therein stated. Of � GIVEN UNDER MY HAND AND SEAL OF OFFICE this day �� 20-94. w AJfat Title �,�* •� JUANITA JOYCE JEFFERSON Af' laxly Public in nd r i� Notary Public he State of Teras State of Texas Comm. Expires 06 28-2003 =Ii OWN r2 s 0 0 X =331 .tools' 1 �. SS31 tJ0 SAV®£ SAVO E "V FWA'gURAW 1 S H + L 4M Nth A; co CL L cCL + - n o0 0cot "a o b D _ J c a o f a �- N cp Y al v , E LO o r0 JNCD ; EEE CD -� _ EEE o d E v E E 'L7MM � W Q. m N N y tm.` CL 000 � N o O Jm .L .gyp w+ O 0 rFO E a� 0 m a� �; Z, NN v � �, � '� cvoLnc Z C U. d 0 L cf) cf) da` CL Q.VVV 200 U Y- Z LA O coa y. d d Z7 3 a O C. C. C. a 0 a m En ZF- o 0 = ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEiMi8 o;Y1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 309 W. 7th St., suite 2pa HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth, Tx 76102 817-820-8100 I INSURERS AFFORDING COVERAGE INSURED The DeMoss Company INSURER A: Amerisure Insurance Co 4205 Stadium Ds. Ste. 100 INSUPCI2 Michigan Mutual Ins CO Fort Worth TX 76133-1000 INSURER C: Great American Insurance Co. INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU':7 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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. LTR TYPE OF INSURANCE POLICY NUMBER DATE MM(DD1W) DATE MMIDWY LIMITS A `Grnca^L UA lorry CPIP1310798 I 3104;00 3;04/01 EACH OCCURRENCE I 1000000 x COMMERCIAL GENERAL LIASILrT-Y I j FIRE DAMAGE(Any one fire! I S 50000 CLAIMS MADE OCCUR ! MED EXP(Any ors OereonI 1 % 5000 I PERSONAL 8 ADV INJURY 1 8 11700000 �I GENERAL AGGREGATE $ 2000000 I GEN•L AGGREGATE LIMIT APPLIES PER. i PRODUCTS"COMP-OP AGO 2000000 POLICY PEO X LOC f 6 AU7MOBILE LIABILITY CA1310797 3/04/00 3!04;01 I COMBINEC SINGLE LIMIT S 1000000 X ANY AUTO (Es acmdenu .ALL OWNED AUTOS BODILY INJURY 0 SCHEDULED AUTOS (Per perSOM3 I X HIRED AU705 BODILY INJURY I x I x NON-OWNED AUTOS I I (PC e:CCer t: I ' I i PROPERTY� DAMAGE cI E GARAGE LIASILt'rY , ;AUTO ONL)"•EA ACCIDEN— 16 • I 'ANY AUTO OTHER THAN EA ACC S i AUTO ONLY: AGG ; 6 ' B EXCESS LIABILITY_ CU1310799 3x'04/00 3!04101 EACH OCCURRENCE 6 5000000 x OCCUR `_CLAIMS MADE i I AGGREGATE A 5000000 8 70 DEDUCTIBLE 5 RETENTION a 10000 I g A WORKERS COMPENSATION AND WC1310800 3!04/00 /04/Q1 TpRv uMITs ER EMPLOYERS'LIABILITY E_L.EACH ACCIDEIJ: I S 500000 I E.L.DISEASE•EA EMPLOYEE a 500000 E.L.DISEASE-POLICY LIMIT a 500000 C OTHER TIMS88606705 4 3104;00 1 3!04;01 EQUIP-LSDiRENTEDI I 50000 LMT PER ITEMl..S 00 DED SLDRS RISK 1000!5000 DEC) 2.5MIL111 OMIL LMTS PER LOSS DESCRIPTION OF OPERATIONS/LOCATIONSNEHOUESIEXCLVSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ---•--. CERT HOLDER WILL BE CONSIDERED ADOL IVSD ON THE CAPTIONED GENL LIAB lu' U 9,n�UU ;I�a�^D POLICY UNDER BLANKET ENDT IF REQUIRED BY WRITTEN CONTRACT. Ulrul`: ((, WJ rC�rifly NP �'Py II (,n CERTIFICATE HOLDER ADDITIONAL INSURED, INSURER LETTER! CANCELLATION CITY OF FT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TWE ISSUING INSVRER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1000 THROCKMORTON NOTICE TO THE CERTIFICATE HOLDER NAMED TO TWE LEFT, sur rAI.URE TO DO so SHALL FT WORTH TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TWE INSURER, ITS AOENYS OR REPRESENTAT JAUTNOR12E REQ ACORD 25S(7/97) o ACORD CORPORATION 1988 Irl ' 1 rltt*t7 Tnn7 oT 11D.- IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). j If SUBROGATION I5 WAIVED, subject to the terms and conditions of the policy. certain policies may ! require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does riot constitute a contract between the issuing ;nsurerls), authorized representative or oraducer, and the certiftcate holder, nor noes it affirmatively or negatively amend, extend or alter ttie coverage afforded oy the policies listed thereon. . 1 i o �• - Wf o 20 25-S (7/97) cn a Tt7:t7T T007 OT ,ror