Loading...
HomeMy WebLinkAboutContract 29312 a ' CITY SECRETARY CONSENT AGREEMEIgTNTRACT two. _ 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 Of cial, herinafter r ferred to as the "City",' and t�lc�d(� acting by and through its duly authorized 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: WHOftl. IV ZKTIRVII zr 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 A/ `I, Za 5, � X 3a .1XL/5_,X ©, A 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 t of this agreement shall be for 3 p days, from/�s� ?�-5 4v6v��dt�'°� to ��, prNided, 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. 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 fall 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 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. Noffing 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 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. 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 Land 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 notcaused, in 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 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 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 $5005000 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 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 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. 3 EXECUTED This day of JUL �,�_, 2000 GRANTOR: GRANTEE: CITY OF FORT WORTH v y B BY- XL OFFIC APP RO D RM AND LEGALITY: . Trr �&-C ATTO y DATE: OTI Y SECRET DATE: / ' c-ontract author zation Date STATE OF TEXAS COUNTY OF TARRANT. BEFORE ME, the undersigned attfhority, allotaryPublic in and Fthe stooo as, on this day personally appeared ,known to me to be the person whose dame issubscribed to the regoill ijtstrttntent, and ackitoivledged to t7te that he/she execttted rhes rte for f purposes t onside a iwt th eff in expressed, as the act ail deed of , and in the cgpacity therein stated GIVEN VADER MY HAND AND SEAL OF OFFICE this �� (lay Of --720-49-3. Af rant Notary Public in turdof Th e State of Texas ��DRro R . G . NAREZ Notary Public STATE OF TEXAS of My Comm.Exp.09/10/06 I1 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared , 2061V 1>- Lv,�V/2 K ✓ + ,known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the urpos and consider 'on therein expresser, as the act and deed of �� 1T.t'riG�,•rr/ and in the capacity therein stater. GIVEN nR HAND AND SEAL OF OFFICE this 5ay Of 20 Afff� nt Q /� itle r BETH AIKIN !(. Notary Public N STATE OF TEXAS ota Public in and or OF��+ My Comm.Exp.05/28/2006 e State of Texas 12 4, TH S �7- pn 500 Z �9�a�lc�` Cfft( of.K%e l SZ'•0 y �'i2�tl ���tKt7 Al FS 03-�iSSS`( j Ur) p LLi v YNR C) v TH/ S T. TEMPORARY OC UPANCY r PUBU' f'I, - -,% _ _ MORE THAN 3 DAIIQ i 3r�1`a C�( LESS Ix SiDEWAL#� SEE® ^ , -30-DAYS 7� — R SOS 1. X X 6 T/-/ ST CALL AND RE !tib AQP - �'1LJ. &WXR OR M RUC104 JUS Z I PLACE FOU � � CERMFICATE 0 �.�ABILITY 1NSU NCS OPID F7 CATERMINOC!(M) MUC:�-1 07/14/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOREIATION ONLYANDCONFERS NO RIGHTS UPON THEC=RTIRCATE InzU==ca - Fort `omit HOLDER.THISCERT!F?CATEICESNOTAVEi16,EXTEND04ox 33528 ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW. Ft. Worth TX 76162 Phone: 817-4.20-5700 Fax:817-420-5750 IINSURERSAFFCRDINGCOV=-RAGE NAICT INSURED INSUPEPA: Clarandoa Ins. Co. Falls NNSSRREERRc9: Enmlovers Mutual Co=anv lad &I-MF, Ltd. dba : Texas Mutual Lasurance Ce. I 2501 Parkview Dr. Ste. 330 NS,IRERC: F' Fort Worth TX 76102 ir�an's Fund NSUPERE. Casualtv Market Soecialists COVERAGES THE POLICIES OF INSURANCE Lt5"'ED SE'-DW HAVE SEEN ISSUED TO THE!NSUREO NAMED ABOVE FOR THE POLICY P0:f00 INDICATED.NOTWITHS7ANDING ANY REQUIR.EiBENT.TERM OR CDNDITION OF ANY CONTRACT OR OTHER OCCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.TI--E WSURANC£AFFORDED BY THE PCLIC:ES DESCRIBED HEREAT IS SUB.IECT TO ALL THE TERMS,EXCLUSIONS AND CONDfPONS OF SUCH PCLICZES.AGGREGATE LAIRS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS. XquK Auu EF-- It LTR MSR❑ TYF+�GF!NSURANCE POLICY NUMBER DA'T=fMMlCDM!1 DAIc7.tAWC 11:Ae�IAI'LIN LABS cEr�RA� IABILrTY E c-IcccoRRE.w_E 131,000,000 A X I CCtRdERCIALGEN.-?ALUABLITY hlM0000115-2 08/28/02 08/28/03 PRE.MEESicaotcrarca) Is 50,000 C�AinS MACE OC--R -ED'EVP(An{one oerrson) I i Excluded PERSONAL&AOVNJURY 51,000,000 GENERAL AGGREGATE S 2,000,000 GEN'!.AGGPEGATE LIMIT APPL S PER: PRCOUCTS-CCNYJIOP AGG I S 2,000,000 POI-Ce-CePRPF'--07- LOC n LOC I AUTOMOBiE UABILITY I I CCM61NED SNGL_LIMIT I S 1,000,000 B Lxk�ANY AUTO 2E6213503 i08/28/02 08/23/03 (E_acodeml ALL OWNED AUTOS BOCILY IN:-RY s SC�CLLED AUTOS (Per parson) $ HIRED AUTOS ECCILY:N„t,RY S $ NCryC`r`NED AUTOS (Per acc:deno FRCPERTYOAMAGE S (Per acndenq GARAGE LABILITY I AUTO ONLY-EA ACC.CE`IT I S ANY AUTO OTHER THAN EA ACC I$ AUTO ONLY: AGG I S EXCcS!l !SRZLALIABILITY I EACHCCCURREIC= �S 1,000,000 E X cccc (�cLu.vsMAoE MnC355802 08/28/02 08/28/03 AGGREGATE I S 1,000,000 js DEDUCTIBLE I S X PF ENTIoN S 10,000 S WORKERS COMPENSATION AND X I TORY LIMrTS I °R C EMPLOYERs70I7Y ANY F'ROPRIETCPiR/P AR7NEvF�lECLtTNE TSE0001053883 08/28/02 08/28/03 EL.EACHACC)EN7 S 500000 P 0F7,CERNF-1,EE.REXC_U0ED? E.L.DISEASE EAEMP_OYEE S 500000 8yes de scribe oma, _ SPECALPROVIS.ONSnn,, -.DISEASE PCLCYLINIT S 500000 OTHER D Install/Builders R mx::97801187 04/01/03 08/28/03 B1drRisk $5,000,000 B Contr E=iDrnezt 20431708003 08/28/02 08/28/03 Eauin w/Rent/Leas DESCRIPTION OF OPS-RATIONS I LOCATIONS I VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Fort Worth as Additional Insu=ed as respects CL/Auto Liability. City of Fort Worth Building Permit Number: PB03-05559 CERTIFICATE HOLDER CANCELLATION WAGNER SHOULD ANY OF THE ABOVE DESCRMr:O POUCIES BE CANC LIED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING IN SURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CZERTIFICATE HOLDER NAM©TO THE LEFT,BUT FAILURE TO DO SO SHALL Ccmanerce IMPOSE NO OBLIGATION OR LABILITY OF ANY XIND UPON THE INSURER,rTS AGENTS OR 500 Wagnero Oil REPRESENTATIVES Port Ac=tb TX 76102EWAMVE• i ACORD 25(2001/08) OACORDCORPORATION 1988 FORT WORTH STREET ENCROACHMENT PERMIT Permit #: PC03-00026 Status: ISSUED Date Issued: 08/01/2003 Expiration Date: 08/31/2003 Address: 500 COMMERCE ST Addition: FORT WORTH ORIGINAL TOWN Insp: 01 MAPSCO: 63W Block/Lot: 85/14 APPLICANT MUCKLEROY & FALLS JOHN CLEMENTS 817-877-3510 OWNER NA// Contractor License #: License #: Type of Encroachment: SCAFFOLDING work Start Date: Permit Extention: N No. Days Exteded: 0 Fee Calculation 3 Days or Less -- $0.00 Total Permit Fee. . . . . . : $0.00 Payments. . . . . . . . . . . . . . . .00 The applicant named above is hereby granted permission to obstruct a certain portion of the street and/or sidewalk. 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. APPLICANT MUST CALL FOR AND RECEIVE AN INSPECTION AFTER ALL APPROPRIATE BARRIERS ARE IN PLACE TO SCHEDULE INSPECTIONS CALL 817-871-6370 DEPARTMENT OF DEVELOPMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON ST * Fort Worth, Texas 76102 817-871-7851 * FAx 817-871-8116