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HomeMy WebLinkAboutContract 26847 I T Y RET �NTIRASECCT N0. 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 _ U413Ec.E Coogmuc7 W C041Mg7700 acting by and through its duly authorized ftE ParS(DF#-,C -Mm NAS , 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 pen-11 'issicrto �Irprar , GIC1Ouch «pon, tJIJ and ccuppc4icns of I 1 ; the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: QgH&wn em6P AA 6o&�1"QFw*y ThIza4kn &ugm snan 460 VIroe:cIn very 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 rid am.o»nts Prescribed by the Ruildinr* Code. of the City of Fort Worth for temporary use or occupancy of public properly. ,ilie estinrIated LoWi amount of said fee is 3J'*220 = 28(O X57.20 0 �r��V 'fir Cr�iry cI L�YAi)U Z 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 120 days, from. 3uA)F-12- to d &G5 provided, however, should the need for the encroachments grunteI hc,eund--r t any tim, cc,,-, Grar:tee sgreev, to ?mnmediately 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. ONRCY-kA HMO (INT, Rf" 5 °QY UWJt'1j)r,6fH URU1 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 duly authorized representative and in accordance with then exis i W 21KN M ! specifications, and Grantee shall remove all barricades, equipm nt�h o 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 tresp«ss or any other � m^fie or liabilitv in connection w;fli stack removal or restoration. Urantee 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 Worth and the laws of the State of Texas for Grantee's continued encroachment i' L l c x U��:'�tl U➢ TEX t 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. i 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. CMdRe" Ma � po 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, servants, n E GEp�Q/J� ' II leo UU�'UC'�pU➢ �L't(/11e 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 a_mrnmts shall be revised. ►inward 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 Insurance is attached as Exhibit "A". Grantee agrees to submit a similar 0;GV�cc °'�d vll C 0 E D Oti��oyf��y����FIN GM� G�l 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 tele-as and conditions of this agrecrzacnt or out of+.'.c .ase 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 f Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. (CUQDo +1 U: t, 9 EXECUTED This_ 'L2- - day of_ �un�E , 200 . GRANTOR: GRANTEE: CITY OF FORT WORTH QV Ser- (-,-WS t,770V Com. BY: too BUIL ING OFFICIAL APPRO ED TO ]FORM AND LEGALITY: TITLE CI TTO Y ATE: T= C TY SECRETARY DATE: " Contract Authorization Dare zo STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For tIr State f Te.Y rs, on this day personally appeared ; ,known to me to be the person whose name is subscribed to theft1regoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration ierein expressed, as the act and deed of Lejor , and in the capacity therein stated. GI t N UNDER MY HAND AND SEAL OF OFFICE this (lay Of r u -e - I Affiant =�p,PY P BRENDA J.NUNN TATFnOTARYTI.:IC 'koF�+ mycom EXAS, I0-2001 tAg7e ic in and or The State of Texas .il i9 � o STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the�te of e as, on this day personally appeared :':7 2, - -e ,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 purposes and consideration therein expressed, as the act and deed of_ L1Nt3E' CON-5/X( 71W (f01W , and in the capacity therein stated. GIYEI�'UNDER W HAND AND SEAL OF OFFICE this /— day Of ,�1�'1' 20-01. Affiant GG Title Notary Public in and for The State of Texas r )EANNA L.BOSWELL = : '= MY COMMISSION EXPIRES r, March 29,2004 12 Z r Uc VV' tt U1� fa 0 w 0. DATE(MM. ID" - AC"R 0C 83330 :,y.THIS ATE IS ISSUED AS A MATTER INFORMATION Will'isaf" M Texas,Inc. ONLY AND CONFERS NO RIGM UPON THE CERTIRCATE One Riverway HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENt) On Suits 900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Houston TX 77056 (7121661-2900 16B COMPANIES AFFORDING COVERAGE Sheila Hood COMPANY Zunc5h0*American3 ( ouslinsurance Company A Ww"D COMPANY a UNBECK CONSTRUCTION CORPORATION COMPANY P.O.Box 22500 C HOUSTON TX 77227 COMPANY D . NA — * Og, THIS IS TO CERTIFY THAT THE POLICIES Of INSURANCE U6M BELOW HAVE BEEN ISSUED To THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT 09 OTHER DOCUMENT WITH TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T14C TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS, CO TYPE OF IftURANCE POLICY NUMW-14 POLICY EFFECTIVE POLICY EXPIRATION Ljmrrs LTA DATF-(MAVOOrM DATIS(MMA)D/M A GENERAL LIABILITY GL0209090502 20-DEC-2000 20-DEC-2001 GENEFIAL AUUMEGATE S 2.060.000 COMMERCIAL GENeAAL LIABILITY PROOLCM-COMPIQl'AGO S 2,000,000 CLAIMS MADE 7X OCCUR PERSONAL A ADY INJURY 1.000,000 OWNERS a CONTRACTORS PROT EACH OCCURRENCE 1.000.000 .5RE DAMAGE An om lira) $ 100,000: KMEXP An one pemanl S 10,000, A AUIDMOBILE UAGRAY TEXAS TAP209090402 20-DEC-2000 20-DEC-2001 COMEWNED SINOLE LIMIT $ 1,000,000 A X ANY AUTO O/S BA?209090302 20-DEC-2000 20-DEC-2001 ALLOWNEDALr= BODILY IRMY SCHEDULIVAUT05 (P-P--) KHED ALFOS aOOILY NJURY $ NON,OWNED AUTOS (Peracc=Q PACPERTY OJWAQ9 GARAGE LIABILITY Avro ONLY-EA ACCIDENT ANY AUTO OTHER THAN AL17 EACH ACCIDENT S AGiGAEGATt! $ EXCESS LIABWJIT EACH OCCURRENCE $ UMBRELLA FOAM AGGREGATE L - OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND W02—.09090202 20-DF-C-2000 20-DEC-2001 EMMOnA;r UABLITY EL EACH ACCIDENT t 1,000,000 THE PAOMETCfV -POUCYUMIT S 1.000.coo PARNERS[EXE-CLITIve X INCL EL DISEASE OFFICERS ARF-- EXCL EL DISEASE-EAffN!!!SO)jC 11000,000 OTHER CESCPJPTK)NOFOPKRATMNVLOCATZMVffjncUMWECtALMWS CITY OF FORT WORTH STREET CLOSURE PERMITS FOR JOB NUMBER 1108 — BANK ONE. THE CITY OF FORT WORTH IS AN ADDITIONAL INSURED ON THE CEMERAL LIABILITY POLICY, BUT ONLY TO THE EXTENT OF THE INDEMNITY OF THE CONTRACT AND FURTHER SUBJECT TO THE TERMS, FZCLUSTIONS AND CONDITIONS OF THE POLICY. CITY OF FORT WORTH 11 W-ULD ANY Of THE ABOVE DESCROWD POLKUS BE CANCELLED BEFORE THE 1000 THROCKMORTON --'--Anon DATE THEREOF, THE rJS=G COMPANY WILL ENW.:AVOR TO MAL FORT WORTH,, TX 76102 D 0 DAYS WRr"En NOTICE TO THE CERTIFICATE HOLDER HAMM TD THE LM. 'jFALURE TO MAIL SUCH NOTICE SHALL NPO"100 OBLIGATION OR UARILITY "ZOF N - ANY K11011) UP THE COUPANY, rr$ AGENTS OR REPRESEWAMMS- REPRE X t.g. joaquj� ZO'd TO:TT To, TT A13 h'{_ Q n beck Bank One Building Proposed Street, Sidewalk Closure Plan 5129101 Library Tandy Symbols (D Tnifr.Sin I tght Pok THIRD STREET 300 CY need two be poured. �V o,,,,,,,d P.—Pae `+I • • f • • 7Encroachment Set up pump at 6:30. n,n Hyd,'sm„yam Start a[7:00 and last until A �,a,.. 4 IN cc=� 2:00 pm Existint (1CMatwel Nm cd Rump• BarrelsTrailralSignage Legend >--< Bancades conc ¢ RoadworkAhead Flagman 1 RghLanaclosedAhead Sth Flo ^ Flagmen will be available j 6/15/01 Grp . IL+tLaneChsednhead to direct traffic IIr '6'nuD End Rued work Pump trucks at the pump will o VV� take uptwo lanes of traffic: I \' Jog Wight One lane already rented and one = riot rented.One lane of traffic 6 I E ° t 75 ton all t z, ^� J gLaR will 6e available for the public. 3® GD i to move up Mo Trucks will come down 3rd _ a Taylor as ° t Roadl',ysed Street and queue behind the Outriggers - w n fence on Taylor. As needed they Street s: will back down Third toward the a i' `III I ILnskmartmClosureTeylw end Th°'1 Oct 2,2001)th”' pump. Afterunloading they will Y I Ont 2 2W1 • `� Foutrh Sue :Oct 2,2Mw June b,20111 drive toward Taylor and exit E i Sidewalk Cl— going Weston Fourth. - r13', 2, Tykir I Fourth,11—kna mn, nand ThioO l: ct 5th Floor South Pour 2000 thm Oa 2,2001 ®S, ! 1 Dates are Tenative. The I i o Taylor 6/13/01 'y1l Additional Sveet C1.—: following day is the back-up i - tl lane .,. b.9 on Tayicx JmmJuue 12,2001'dw t in case of weather,production, Requested a.. etc 4 months be SangerLofts i Bank One Garage I x to October 1 � I o �1 ------- Existing Encroachment (10') �� �=`— Barricade wRh Road Closed sign. - Barricade to be moved when required - Fourth Jtreet �''li for deliveries One 17