HomeMy WebLinkAbout025323 - General - Contract - Linbeck Construction Corporation9
CITY SECRETARY� � 3a 3
CONTRACT NO . � . _ _
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS $
COUNTY OF TA.RRANT S
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 Buildinq
Official, hereinafter referred to as the "City", and '
Linbeck Construction Corporation '
. , actinq by and
through its duly authorized Vice President / Chief Operating Officer �
Chuck Greco , hereinafter referred to as 'Grantee'.
W I T N E S S E T H t
1.
For and in consideration of the payrnent 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, use and occupy portions of
the space under, on and/or above the streets, alleys, sidewalks or
other public riqhts-of-way as follows: For the purpose of construction
staging, encroach upon 4,000 SF (6' x 666.66') of st�eet and 4,700 SF (10' x
470`) of sidewalk on the north side of Amon Carter Museum (3501 Camp Bowie Blvd.)
as well as 8,400 SF (11.5' x 730.43') of street and 6,000 SF (10' x 600') of
sidewalk on the south side of the Museum (W. Lancaster Ave.).
See Attached �
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The permit number for the project is B9922202400.
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The �ocat�on and descr�ption of said encroachment is more particu-
larly described in Exhibf.t �B" attached hereto, fncorporated herein
and made a part hereof for all purposes.
2.
All use and�occupancy of publ.�c streets, alleys, sidewalks or
other public riqhts-of-way under this agreemen� sh�Il be. fn strict
compliance with the Charter, Ordinances and�Codes of City and in
accordance wi.th the directions of the Buflding Of�icial and the
D�rector of Transporta�ion and Public Works.of City.
3.
Upon expi.ration of this agreement and the privileges granted
hereunder, there shall be no encroachment by Gran�ee in, under, on
or above the surface of the public rights-of-way involved.
4,.
Grantee aqrees to pay in adYance an encroachment fee for the
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temporary privileqe of encroaching upon a poxtion of the publfc
rights-of-way as described in Exhfbit�'B".���Said fee is caZcula�ted �-
f n the manner and amoun�s, prescribed by the Buildi�ng Code of the
City of Fort Worth for temporary use or occupancy of publfc prop-
erty. The estimated tota� amoun;t� of safd fee is $10,650
Ten thousand six hundred fifty and�no�/100--------------------------- �
, ; Sidewalk: 10,700SF ($0.01) (30) _ $3,210
� S.Street: 12,400SF ($0.02�) (30) = $7,440
$10,650
Grantee, at no expense to Cfty, shall make proper provfsion
for the relocation and/or installation o£ any existing or future
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traffic control devices or other improvements nffected by such
encroachment, use and occupancy, i.ncluding the secUrinq of approval
and consent from the appzopri.ate agencies of the State and its
pol.itical subdivisions. In the event that any installati.on, r�in- .
stalla�ion; relocation or repair of any existinq or future traf�ic
control device or improvement owned or constructed by or on behalf
of the public or at public expense i.s 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 cos� as deter-
mined by City. •
6.
The term o.f this aqreement shall be 30 days (10/13/99 - il/11/9,9)
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
Buil.ding Official of the Ci.ty of Fort Worth, this agreement shall
terminate.
7.
It is expressly understood and agreed that thfs Consent
Aqreement 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 qranting of a permanent
easement, encroachment or license upon City's public streets,
a].leys, sidewalks or other rights-of-way.
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City, through its duly authorized representatives, shall have
the full and unrestricted right �o enter upon all public riqhts-of-
way for the purpose of making i.nspec�fons to determine compliance
wS.th the terms, covenanta and conditions herein. In the event that
any inspection should reveal a breach of any terms, covenanta 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 pexiod
of tfine as deemed necessaxy by the Buil.ding Official for the pro-
tection'of publfc health or safety, City may terminate and cancel
this agreement. .
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Upon expiratfon or termination of this agreement for any
0
reason whatsoever, Grantee shall, at no'expense �o City, restoze
the publ�c rights-of-way and adjacent suppor�inq structures to a
condition acceptable to the Df rector of Transportation and Public
Works or his duly�authorized representative and in accordance with
then existing City specifications, �and Grantee shall recnove all
barricades, equipment, supplies, materials or other property from
saS.d location. Grantee further covenants and agrees that for a
period of one (1) year afte r the te rmination of this Consent
Agreement, Grantee will repafr all conditions or damages to the
streets and sidewalks or othe�r riqhts-of-way that hava resulted
from Grantee's use or occupancy of the streets and s�dewalks or
other rights-of-way, as dete rm�ned by the Director of
n
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Transportation and Publfc Works or his designee. Grantee agrees to
begin such zepairs within thirty ( 30 ) days of xeceipt of notice
from the Di''rector o� Transportation and Public Works or his desig-
nee. All repairs: shall be performed in an expeditious and wor}Qnan-
like manner and` shall comply with all applicable laws, codes,
ordinances dnd City apedifications.
Zn the event that Grantee Fafls to comply with the covenanta
herein contained with respect to such remova� or re�storation,�the
City shall have the right to remove or dispose of any barricadea,
equ ipment; supplies, ma�erials oz other property and repair any
condi.tions which in the'opinion of the City are necessary to bring
the public r�qhts-of-way to the condition presczibed herein, and
City�shall not be responsible for trespass or any other damage or
liabili.ty 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 sha�]�, be � construed as a waiver by City to
enforce penal sanctions prescrfbed by the Code of the City of Fort
Worth and the laws of.the St�ate of Texas for Grantee's continued
encroachment upon the public rights-of-way followinq termination of
this Consent Aqreement.
10:
It is further understood and agreed between the parties hereto
that City holds �he city stre�ts, alleys, sidewalks and other pub-
lic rights-of-way, including the portions of such streets used and
encroached upon as described herein, as trustee for the public;
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that City exercises such powers over the streets as have been dele- '
gated to it by the Constitution of the State of Texas or by the
Leqislature; and�that CS.ty cannot contract away its duty t+nd �ts
legislative power to contro� �he streets for the use and benefit of
the public. It is accordingly agreed that i.f the govezning body of
City, to wi.t, its City Council, should at any time during the tezm
hereof determS.ne i.n i�ts sole d�scretl�on to use or cause or permi.t.
to be used for any public purpose the said enczoached por�ion of
the stree�s, then this agreement sha].1 be automati.cally. cancel.led
and termina�ed.
11.
Gzantee aqrees to comply fully w�th all applicabl.e federdl,
state and local laws, statu�es, ordinances, codes.or regulations in
connection wi�h 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
lacal statute, law or zegulation.
13.
Grantee covenants and agrees that it shall exercise all rights
and privileges granted hereunder as an independent contractor, and
not as an officer, aqent, servant'or employee of Ci�y; that Grantee
shall have exclusive controJ. of and ths exclusive riqht to control
the details of its operatfons and activities on said descxibed pub-
lic property and all persons pezforming same, and shall be solely
0
responsible� for the acts and omissions of its� officera, agenta, •
servants, employees, contractors, subcontractora, licenseea and
invitees; that the doctrine of respondeat superior shall not �pply
as between City and Grantee, its officers, agents, servants,
employees, contractors and subcontractoxs, and nothing herein shall
be construed ds creati.ng a partnership or joint enterprise between
City and Grantee.
14.
Grantee covenarits and agrees to indemnify, and does hereby
iridemnify, hold harmless and defend.City, its officers, agents,
servants and employees, from and against any and all claims or
suits for property dama�ge or loss and/or personal in jury, including
death, to any and all persons, of whatsoever kind or character,
whether real or asserted, arising out of or in connection with,
directl.y 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, subcon-
tractors, licensees or invitees of City; and grantee hereby assumes
all liability and responsibilf ty of City, its officers, agents,
se:cvants and employees, for such claims o'r suits. Grantee shall,
likewise assume all liabi.lity and responsibility and shall indem-
nify City for any and all injury or damaqe to City property,
arising out of or in connectibn wfth any and all acts or omissions
of Grantee, its officers, aqents, servants, employees, contractors,
subcontractors, licensees, invitees or trespassers.
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15.
Grantea agreea 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 inaurance
coverinq all public risks rel.ated to the proposed use and occupancy
of public property as located and described in Exhibit 'B'. The
amounts of such insuranca ehall 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 aqreement by Grantee that such insur-
ance amounts shall be revised upward at City's option and that
Grantee shall so revise such amounts immediately following notice
to qrantee of such requirement. Such insurance policy shall pro �
vide that it cannot be cancelled or amended without at least�Gi�
0
C�// � daye' prior written notice to the Building Official of the
�
City of Fort worth. A copy of such Certificate of znsurance is
attached as Exhibit "A". Grantee agrees to 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 insur-
ance at all times during the term of this agreement and until the
removal of all encroachments;and the cleaninq and restoration of
the city streets. All insurance coverage required herein shall
include coverage of all of Grantee's contractors.
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16.
Grantee covenants and agreea that it Will not essiqn all or
dny of ita righta, privilegea or duties under triia contract without
the prior written approvdl oi City, end any ettempted assignment
without such prior �rritten approval shall be void.
17.
This Agreement shall be bindinq upon the pnrtiea hereto, their
successors and assigna.
18.
Should r►ny dction, � whether real or asserted, at law or in
equity, arise out of the terms and conditiona of �hia dqreement or
out of the use and occupancy of City property aa permitted here-
unde r, venue for said r�ction shall be in Tarrant County, Texaa.
19.
In any action brouqht by City for the enforcement of the obli-
q�tiona of Grantee, City ahall be entit�ed to recover. interest and
reasonable attorneya' feea.
EXECUTED this ,1�� `! ��' day of �l�C�--�Qbe �"
GR�NTORt
CITY F FORT WORTH
BY:�C • , 'ilPSo
Bui din fficia�.'U (D•i2-�q
APPROV'F�,D TO RM AND LEGALTTY :
C wL�
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�L�y�{-,City Attor�iey Date: (�/ Id� % v�
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���1,�'G'�i�ti� �//u�'L�GU i
�� City�,�/Secretary Date:_/�/J9�� ;
� %h.�G /�.� U 1 �'-�
Contract Authorization
9
GR�NTEEt
, 19�.
Linbeck Construction Corporation
/
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By � � �
uck rec�
Chief Operating Officer
IJ c3 t E:
STATE OF TEXAS
COUNTY OF TARRANT ,
BEFORE ME, the arndersigned autlzority, a Notary Pa�blic in and
For e}� tate�� T as, on t cs day personally appeared
�.�tP�` '�, ����T,� ,known to me to be theperson whose
name is sc�bscribed to the foregoing instrument, and acknowledged to me
tl:at he/she execacted the same for the rr oses an ons deratio-�s,�herein
expressed, as the act and deed of ��t" ��-y Jr.
and in tlte capczcity thereiii statecl.
G E U DER MYHAND AND SEAL OF OFFICE this ��day
of _ � = 19.�..
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Affiant
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=O�P Y PUel�� BRENDA J. NUNN ;�
. » NOTARY PUBLIC ;�
N,, �� STATE OF TEXAS
''FOFtE* My Commission Expire,s 7-i0-2001 �
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tary Ptcblic in an fo
Tlie State of Texas
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STI�TE OF TEXl�S
COUNTY OF T11RR1�NT
SEF4RE HE, the undersiqned authority, a Notary Public in and
for�.thc State E Texas, on this day personally appeared�
L� ��(J k���-Pl�,r� , knocrn to me to b� the person Whose
name is subscribed to the foreqoinq instrument, and acknouTedqed
to me tfiat he/she.executed the same for the purpQ�es and c�e,� sider- .
a' on therei expres$ed, as thc act and deed of +LI!'lbon l�. (�� -�r-(,n��
j�- ` ,, and in� the capacity therein stated.
.
GIV H UNDER KY HAND AN� SEAL OF OFFICE this i�� day of
�1�D� P i' . 14�
g�►'�` � l��MDII BETN BlITCHER
NOTARY PUBUC
State ot Te�caet .
or Corr�n�., Exp. t0-29�200¢
� M �� n n �
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Notary Public in and for
the State of Texas
1�
Street Rental Formula
October 13, 1999 thru November 11, 1999
Camp Bowie
4,000 SF x$0.02/SF x 30 days =
Lancaster
8,400 SF x$0.02/SF x 30 days =
Total
Sidewalk Rental Formula
October 13, 1999 thru November I1, 1999
Camp Bowie
4,700 SF x$0.01/SF x 30 days =
Lancaster
6,000 SF x$0.01/SF x 30 days =
Total
Total cost for Street and Sidewalk Rental
$2,400
$5,040
$7,440
$1,410
$1,800
$3,210
�
Street Rental Cost
Sidewalk Rental Cost
$7,440
$3,210
$10,650
" EXHIBIT
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