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HomeMy WebLinkAboutContract 26762 r CITY SECRETARY CONTRACT NO. *J, 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 authorized —F6Ae\ \k) 7 eeCe- 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: :JCJkG NA t3loc,i� 43 2, DRUM PECOPID 0y NUIMPY 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 �t v\ �r lqqMinr�MI�J,MQM�7�Q,Y 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 days, from Sr'0 to 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. I f� }C QUI VITA VEX 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 publici� ����� ���a� � rights-of-way and adjacent supporting structures to a condition c'1pU "� °7� U Iry ���I'��O p*ayYC 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 City. Nothing herein shall be construed as a waiver by City to enfor e f"I' 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 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 statue law or regulation. � r,r L��➢ ���n 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 ;'! �� D�� encroachment and uses granted hereunder, whether or not caused, in 'OMf c"SMAR whole or in part, by alleged negligence of officers, agents, servants, vv. 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 (3 0) days' prior written notice to the`''`' �r. �°`� 'E(,CGJ© r.n Building Official of the City of Fort Worth. A copy of such Certificate of;> 1�� Q� Insurance is attached as Exhibit "A". Grantee agrees to submit a similar 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 and reasonable attorneys' t fees. tEC�tD �C,MUR �RRY 9 II Ua11119 TEX. EXECUTED This day of 200/. GRANTOR: GRANTEE: CITY OF FORT WORT Z4 r;]B BUILDING FICIAL APPRO D TO FORM AND LEGALITY: .,-' TITLE CITY OigNEY DATE: CITY SECRETARY DATE: ContraCt Authorization Date iffiN0 ,' G ICOORD 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a NotaryPublic in and For the State of Teras, on this day personally appeared ,known to me to be the person whose pante is subscribed to the foregoing instrctntent, and ackno>vledged to me that he/she executed the same for the purposes and cQnsideratt t heren f' expressed, as the act and deed of NGS1 Bcci G��`n and in the capacity therein stated. fh GIVEN' U[l'DER AIYHAND AND SEAL OF OFFICE this 1U day ,f M 2osQ-L. Affiant :� JUgNirq JOYCE JEFFERSON Public in trll r i. Notary Public tate of Texas V(1�1, State Of Texas COMMmM. Expires o6-28-2003 11 - � �ff��Lii� 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 U ) ' I LL--, ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that helshe executed the same for t e purpo�gs ane consideration therein expressed, as the act and deed of I• -r—�} . and fn Ilse capacity therein stated. i GIVEN UNDER MYHAND AND SEAL OF OFFICE this day Affil fit Y e T =� Notary Public In and for The State of Texas . 6Y DEANNA L.BOSWELL " MY COMMISSION EXPIRES March 29,2004 v. 1.2 cud© A Y J �. STTeU FEE SQFh jh Stree jUT '�A S77,/M ■ i 82 • � a � a� C Bank One • 500 Throckmorton Ey � lip N 5th Street ---�. W E 1 S � Fend DEMCO X Sidewalk Closed Sign 500 Main Street, Suite 240 • Street Light (City to remove) Ft. Worth, TX 76102 Sidewalks to be Closed Scott Brady Fence at curb 817-348-8485 (office) 716-570-7931 (Scott's mobile) ■ Traffic Signal 817-390-8787 (City Center Security, 24 hrs.) All sidewalks closed 5/8/01 through 9/7/01. "ErC1Q© 7166740884 P.02/03 APR-20-2001 11:42OP ID $ p,« �� Iq �„ 4��+•■•+,. vL.n i Irt�,,H C VI' LIAUILI I Y INSURANCE-1 04/19/01 rAooucliG THIS CERTIACATE IS ISSUED AS A MATTER OF MFN&W-n-ON ONLY AND CONFERS NO RIGHTS UPON TN@ C'm MICATI< w'alsh Duffield HOLDER.THRs CERTIFICATE DOE$NOTAMEND.E=Nb M P. 0. Box 5 016 ALTER TME COVERAGE AFFORCED BY THE POL=ES BELOW. Buffalo BY 14205-5016 Phone:716-853-3820 Fax:716$47-1360 INSLiRERSAFFORDLNGCOVFRAGE D MS A: Coumerce and Indus Xns- Co. n WWR a National TTniota Fire Ins, Co. DMMO, ,xnc. P G Travelers T�..ggmmA Co. 238Sedneca oad14Z24 1wakettD: AIV insurance W. e COVERAGES THE POLICIES OF WSURANCE L4lEl)BELOW HAVE DEEM WAIM To THE*MAO NAMED ABOVE FOR TM POWG.Y PERIOD*0CAW0,NOIWRFLSTAN0M ANY kEWWJ%*Xr.TOW OR CONDMO!OF ANY CONTRACTOR OTHER DQC NFXT VNTHI RE=SPECT TC MCH THC$CERnFCATE MAY 9E MSMOR MAY P&WAK THE ICKeRANC6 AIFOFd)W BY THS POLrA%O HEWN IS 9UU=TO ALL YW Tim E A US10N5 AND CO MMMS OF MICA POUCIC+S,AGMSPATM e.EAHTS"m MAY NAVE BMJ Riaum BY PAC dAB, TR T m of D4URAW= PoucY NGHMQFR o e, 1 LA= GEEAG NWALUAOIL"Y t� S1,000,000 IL % 11L"NERALL"LrrP OL-417-81-58 04/1.2/02, 0 2 /18/02 FM DAW46Vt Q-46 ) $100,000 IXI MAMsMAX U0=A? NW4&v"*mWU!) s5,000 Broad Form PD PElt90NALiAO KX^Y 51,000,000 Blkt Contractual WMtALACG FMATE 1$2,000,000 GE WL A00REGAlM UMIT APPUeBS PM MOL CTB•COWW AW 5 2,000,00 0 ( .MXY T1 I I Loc C Alrro EAWAUrctrAe�iTY 810647Y3122P= 02/18/01 02/19/02 � � I S -0'0'000 ALLOWNED AUTOSY y WKWULM n*$ NMI 9:4 _ A X WEWAUMS a "0"*AWm AUTOS f = IPROPERYY0AWAGE S EAAOC $ m AGEUAW"TY AUTO ONLY-EAACCKW 5 ANY ALM* I VOIR 1 FtAM At1T0 011LY: AW t EXCL%U MLrly + s 2S,000,000 & $1 OCCUR MWAS EVADE 898710839 02/18/01 02/18/02 ACWMAT9 ISM000,000 s �7x— RETWMN S 10,000 s WOWMM COMPONSAMN AND g( w Ea D ENPEaYERsuneaa Y NC9385976 02/18/01 02/18/02 ELWNAACk*.NT Is 1,000,00t) EJ4OW"-FACMKOYE4 S 1,000,Dao e.G.asFi�sE-P'OuCY�IEeA' S Z 000,000 ornEa (I f DESCRl" MOFOPERAT1ph&ROCAT10N5NE?YCLESA90Glt1SgNSADMEYEN PRCvtSeON� NX: Loutex Building (Old Sank 1-5lock 82), Fort Worth, Tac. Demolition 4 SeMoval Pz'ejact. SM RBVSRSH FOR A=3:=ONAL =9MUMS 'Tadd Pierce, Vice President is acting agent on behalf of Demeo, Tac. CERTIFICATE HOLDER (N (AooET"a ego;EEmmm LE'T7M CANCELLATION �— YORTIPOit aAEHYOFTcABOVEDlGCWEEbPOtJC1BE 1'he City of Bort worth a►TtTNsaMoF.THEessthMG;eNsu2RERmue Av jp y. EcuMEN Licenses/R stxatioas Section �`°Pn- FF wr ` Dept of Development NOT,csTOT1£CEIa�1PICA7EMOLD6RMAMEDTOTftEI.EFF, u i 1000 Tbroalmortoaa Street ew�OsrF NO oBUGAT1oN OR 4eAAEtnY OF ANY qHo TY,E .GT`S AC6lC�,OR Fort Worth TS 76102 REPRESEWATT M ' A REpEtE3ENTA "4 ��✓ 1CORD 2"(7197) ®ACORD CORPORATION 7968 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 05/08/2001 PERMIT# 10827 MAPSCO D.O.E.# NONE (if applicable) STREET BLOCh FROM TO DATE TIME M-F TIME TIME SAT. 1.TAYLOR STREET 4TH STREET 5TH STREET 05/08/2001 09/10/2001 SIDEWALK 2.4TH STREET THROCKMORTON TAYLOR STREET 05/08/2001 09/10/2001 SIDEWALK STREET 3.THROCKMORTON 4TH STREET 5TH STREET 05/08/2001 09/10/2001 STREET SIDEWALK 4.5TH STREET THROCKMORTON TAYLOR STREET 05/08/2001 09/10/2001 SIDEWALK STREET 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 ❑ UTILITI(TYPE WILL ERECT A FENCE FOR THE BANK ONE DEMOLITION AROUND THE CURBLINE LEAVING BLOCKOUTS FOR HYDRANTS AND SIGNAL LIGHTS. FENCE WILL BE BOLTED DIRECTLY TO THE SIDEWALK AND CURB WHICH WILL BE REPLACED DURING CONSTRUCTION. 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 MANUAL" • 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 MAY 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-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY • SHALL BE PROVIDED IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES. THIS PERMIT IS ISSUED IN ACCORDANCE WITHAN APPRO b'ED TRAFFIC CONTROL PLAN(TCP) / nFMrn KAPZr CONTRACTOR PEPJvftT ISSUER _51810/ EMERGENCY CONTACT NAME CITY CFNTFR 4FCIIRITY 24-HOUR PHONE 817-390-8787 MOBILE 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 FoITWILIJ.LTH DATE OF FINAL Page: 1 Document Name: untitled E108 CITY OF FORT WORTH LAST-ACTIVITY: 05 10 01 DEVELOPMENT DEPARTMENT ISSUE-DATE: 05 10 01 INQ STREET ENCROACHMENT PERMIT START-DATE: 05 10 01 EXPIR-DATE: 09 09 01 PERMIT-NO: C 01130 900 02 EXTEND-PERMIT: N APPLICANT: DEMCO INC. USE: XA SQFT-STREET: SQFT-SIDEWALK: 6944 DURATION: 123 PERMIT-FEE : $8, 541 . 12 EXTENSION: 000 DAYS EXT-FEE: $0 . 00 STATUS: A TYPE OF ENCROACHMENT: FENCE 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: 00500 DIR: STR: THROCKMORTON TYPE: ST SUF: MLT: 000 ADDITION: EASTWOOD BLOCK: 11 LOT: 10 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 STORM RELATED TO CHANGE TYPE "UPD" AND PRESS "ENTER" PF: 1 HELP 2 PRINT 7 BWD 8 FWD 12 MENU OPER: D96 TERM: SV16 Date: 05/10/2001 Time: 3: 39 : 35 PM