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HomeMy WebLinkAboutContract 26761 CITY SECRET-413V CONTRACT Np. (E, 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—I2GM C-0 i t,�`= acting by and through its duly authorized 103A VJ 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: L1 ml PTW c&na 1-4065 —of" 7-e-VI-O R 5 N0t�L G'EC0QD rif1KINII'My �o VVG�1�UOp ��o 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 2ON 02mly rc 123 R K"I'MINi VEX,mama 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. '49G 1 The term of this agreement shall be for days, from I toffy 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. 0'-' G "(--o D ° ��II:3UUR 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 re whatsoever, Grantee shall, at no expense to City, restore the publi FFIC AA ECOOM rights-of-way and adjacent supporting structures to a condition (��, J ��➢ �� o acceptable to the Director of Transportation and Public Works or his duly authorized representative and in accordance with then existing City specifications, and Grantee shall remove all barricades, equipment, 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 :-,;'j L=lru;,-RLI CC0PD City. I1 V f N."1;ic�W U�W Nothing herein shall be construed as a waiver by City to enf4' 9 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 5 1 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 encroa � PSP dDF�2�- and uses. P 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. 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 LIN � ��GU �encroachment and uses granted hereunder, whether or not cause ?(�P �� o whole or in part, by alleged negligence of officers, agents, servants, 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 wiih 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 $5003000 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 Fa7;F ��J°�©or amended without at least thirty (30) days' prior written notice tou6;lUS uBuilding Official of the City of Fort Worth. A copy of such Certifi FRO Insurance is attached as Exhibit "A". Grantee lia-Submit a similar 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. MUM k2COkDo MY M(MMA ky 9 R. Wag fmo EXECUTED This day of , 20�. GR.P>NT0GRANTEE: CITY OF FORT WORT �N�co �' i B BY:- ,j SUIMING OFFICIAL APP D T ORM AND LEGALITY: 4.7 TITLE CITY A RNEY DATE: CITY SECRETAR DATE: - �16 Contract Authorization Date '1; Jl' I}PUI}C���(�Gptfy 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and Fo�t� tate of Texas, on this day personally appeared A- �&— ,known to nre to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me- that Itelshe executed the same for the purposes and -onsideratiotferey►I expressed, as the act and deed of iU 1 rAI and in the capacity therein stated. GIVEN UNDER AlYHAND AND SEAL OF OFFICE this (lay Of Affiant C'," JUANVA JOYCE JEFFERSON Notary Pubilcstate of Texas N rr> rrblic in rrl r m. Expires 06-282003 The State Of Texas 11 MAY-10-01 10 : 16 AM P. 03 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the Sta(a of Texas, on this day personally appeared L) 1' 11 � n� ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me tltat heIslie executed the same for tl a ptirpo sand consideration therein expressed, as the act and deed of 1.Lr, � oQ -�' , and in the capacity therein stated. GIVEN UNDER W HAND AND SEAL OF OFFICE this G — day of zOs2�. Affi It Title . Notary Public in rand for The State of Texas DEANNA L.BOSWELL * i'= MY COMMISSION EXPIRES Merril P0,2004 Iz CM 'f-11 ,t "'11 o C>>1' �po ' BLOCK 8 2 LAYOUT 4th Street 4 FxCa0A041r„&►-r PES 880c ftz $102 x. 94 = $174Z4.a-0 5�9 O Bank One 500 Throckmorton end � F H TEMPORARY ` DAYS kAORE THAN 3 DAYS SIDEWALK FEES SQP$tk Shut AY� STET FEE SQFT. =?-gx • _ TOTAL • 1 � Lewd DEMCO X Sidewalk Closed Sign 500 Main Street, Suite 240 • Street Light (City to remove) Ft. Worth,TX 76102 Sidewalk/Street Scott Brady to be Closed 817-348-8485 (office) Sidewalk currently closed 716-570-7931 (Scott's mobile) Fence at curb 817-390-8787 (City Center Security, 24 hr.) -� ■ Traffic Signal Sidewalk and Taylor Street closed Gate 5/8/01 through 9/7/01. MCCI°1,L GSE'CORD c ON t�E(brG39AQy N fi I I x/ I I rljhV iven : ►rte I w rwa ' - C=* + 1 C ? Z £is ISI I z a b �j/� �..... a I 0 0 This plan is submitted for TCP. I certify this plan will be used for the following location(s): o Tau lar str�e�l- bel-wc� 4�"' ¢ 5 f"� o N and that all channelizing devices will conform to "General Notes" as shown on the back. Q Signature: < _ Date: '' �G'GG:.,�U,:s G�L�Cu�D CNN���'�G�E�QQ"� CITY OF FORT WORTH TRANSPORTATION FULL STREET CLOSURE DE AND NQle, A PUBLIC WORKS PLAN "F" . ,uuuwcrtcnl rsx NU. 817 871 8941 P. 02 i � r I aotr'� ( qwv sx I ( iOCfKK "Ono WC IMA fqC I U a I a� I ( This plon is submitted for TCP. I certify this pion will be used for the following locotion(s): 0 N Iht s;& d- 7yo t�c s+ .rw sTN and thot oil chonnelizing devices will conform to "Genera(Notes" os shown on the bock. r Signoture< Dote= r t1 a. n ILL CITY OF FORT WORTH SIDEWALK CLOSURE DETOUR TRANSPORTATION AND Note _ t ``° ` • PUBLIC WORKS See reverse st a or enero o es on evice Spocing. 7166740884 P.02iO3 r APR-20-2001 11:42 OP ID 8 *AM(4=0;M . ,. v„n i it noiA i t Ur LIAMLI I Y INSURANCF,�-1 04/19/01 FROOw t 7HIS CERTTFICATE IS MWED AS A J4ATfER OF MORMATION ONLY AND WNFERS NO RX3MM UPON 771E CERr*VAT9 Walsh Duffield HOLOM TM CERTIFICATE DOM NOT AAWJM.EXMD OR P. 0. Sox 5026 ALTER THE COVERAGE AFFORDO BY THE POMFS Sp.M Buf9alo BY 14205-5016 Phone:71.6-853-3820 Fax:716-847-1360 �AFFORDINfaCOVPRAGE 09SURM INSf1Rt:lOA: Coasmerce and Tadt s X=. Co. SOURMa NatiMal Union Fire > 22. Co. lac. mmmC. Travelers IvAe=L&XCo_ W. Sesseca��tYad14224 v A= Insurance I e COVERAGES UQ POUCES OF W-MA "LIS M OB OW WAVE BM t$S M TO THE 1tO1M M*M AOM FOR 7t1E P01JV MW*V"TM MOTV1a71RUNOM ANY R8QUk%%* .TN1 OR CON OMON OFAW CON11tACT OR OTHM 000U 4Mf V4M RgSPECT TO NMICH 7108 CB%W LATE MAY OE QSMOR MAY POMW TME MPANCE APPOROED 8Y THE POLIM CBS= 97 FM01166M=T1OAU 7116 Tim DtO USOC AND COMDtf OM OF SUCH POLCM AMMATE UMn SHOW WAY NAV9 MEN FSCUM BY PAID C AMM TR rwEOEPOUOYNUMCER ty► I umrm 6847,ALUAS M f me +oe $1,000,000 Ag C011M AL6E1�R,1Lu 4mL1fY CL-417-81-58 I 04/22/01 ( 02/18/02 PMDAks4a one iv) $100,900 MAW MACE C j r OCCuR $5,000 X Broad Form PD Peftso"&w mx*y s 1,000,000 X Sikt Contractual 40=4ACORK"TE 1 s 2,000 000 GMAGORMAT'9WrAPPLIt$PM PRODUCTS-CO~A6G S2,000,000 I •POLICY mx a r-1 Lot AUMMODU UOAMY ' 810647Y3122PH$ 02/18/01 02/18/02 G AWAUYoI a 1.000,000 Y ALLONM@AUTOS I SCHMOLSDAUTO$ PKC f z NMAUM 9 MON OMYNEQ AU70s Z ( (0�ef0eodmyDOE s GN1R- wrwum m I AUTO ONLY-EAAOC106�R s AMYAUfOt1'RtMAM F,IAOC S VO OV AW I s r Lutatmr EACHOCa"wmm :2s 000,000 8 Z O=JR F]cxJU4uAw 829720839 02/18/01 02/18/02 AGGREGATE $2S,000,000 t OwticTleLe a x RETENTION 3101000 s WORMM COMPOCATIOM Alp $1 aY sA ER D t" UAWAM NC9395976 02/18/01 02/18/02 F-L6ACHA4mpew &1 000,000 CJl OMAN-FtEl+rp S 1,000,000 6.L OMEAM-poL vCufr Ll 1'0 0 0'000 orNat o�RlrnaloFOP�,ra7lo�Loc+.taoMsn�wet�vocces+ortsxoomsYel+ Pxav�s+ores SM." Loutex Building (aid Sank 1-Block 82), Fort Worth, Tz. Demolition 4 Removal Project. SE'S Rumm FoR Awx=oNLL Is mms Todd Pierce, vice President is acting agent on behalf of Uemco, Tne. CERTIF ATE HOLDER 1 N I AoamovAL x DmUM QTmh CASCO- AMN ry • POATidOji 911CULDAMYOfTHEA8oVE0�6WPOtx�S The City of Port Worth tiATeT116R6pF,nlErSsuw6lNSuRER�vIeLarOfatviOteT'Owu Li.ceasft s/Registxat9iouu Section MOMETOY1£COMWATEMOLMRAMMYOTPM Ut 7'WTRULUg?:T00060$+Wl DOPt of Developnwzt &VOSE NO OUJrATION OR UAatUTY OF ANY MW upon V E MWRER.CM A[,EWS OR 1000 Throalmsortoa Street Fort worth TS 76102 REPFd=WTAWfM MATM "4 kCOfM 255(ff8-n OACORD CORPORATION IWO Page : 1 Document Name : untitled E108 CITY OF FORT WORTH LAST-ACTIVITY: 05 10 01 DEVELOPMENT DEPARTMENT ISSUE-DATE: 05 10 01 BWD STREET ENCROACHMENT PERMIT START-DATE: 05 10 01 EXPIR-DATE: 08 16 01 PERMIT-NO: C 01130 900 01 EXTEND-PERMIT: N APPLICANT: DEMCO USE: XA SQFT-STREET: 8800 SQFT-SIDEWALK: DURATION: 99 PERMIT-FEE: $17, 424 . 00 EXTENSION: 000 DAYS EXT-FEE: $0 . 00 STATUS: A TYPE OF ENCROACHMENT: STAGING FOR DEMOLITION OF BANK ONE THE APPLICANT NAMED ABOVE IS HEREBY GRANTED PERMISSION TO OBSTRUCT A CERTAIN PORTION OF THE STREET AND/OR SIDEWALK, AT : 00450 DIR: STR: TAYLOR TYPE: ST SUF: MLT: 000 ADDITION: FORT WORTH ORIGINAL TOWN BLOCK: 82 LOT: 1-4 MLT: 000 SAID PORTION OF STREET AND/OR SIDEWALK IS ALLOWED FOR THE APPLICANTS USE TO BE: MISCELLANEOUS THIS PERMIT IS GRANTED ON CONDITION THAT THE APPLICANT WILL COMPLY WITH ALL ORDINANCES GOVERNING SAME, AND THAT HE WILL PROVIDE TEMPORARY SIDEWALKS FOR THE PEDESTRIANS USE, IF REQUIRED BY BUILDING OFFICIAL, AND THAT THIS PERMIT WILL BE NULL AND VOID FOR ANY VIOLATION OF THE CITY ORDINANCE. COMMENT: FEES WAIVED PER AL GODWIN TO INITIATE A PERMIT TYPE "INT" AND PRESS "ENTER" PF: 1 HELP 2 PRINT 7 BWD 8 FWD 12 MENU OPER: D96 TERM: SV1E Date : 05/10/2001 Time : 3 : 39: 43 PM