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HomeMy WebLinkAboutContract 29047 RECEIVED: 8127103 2:30PM; ->HCBECK; #564; PAGE 2 08!27!2003 14:09 8173358110 GRAHAM MARCUS PAGE 02 CITY SECRETARY �cO y . CONTRACT NO . -�-! CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY"OF TARRANT 09-02-03 - P02 5U I fJ THIS AGREEMENT is maaG 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 BuildiAAaj,OJ7�/.^i/���ici herinafte referred as ' e City anU1 � !Q l! LC��� _ acting by and through its duly authorized hereinafter referred to as "Grantee". WITNESSETI,�: 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: r ' r, rn n U 1� RECEIVED: 8/27/03 2:31PM; ->HCBECK; #564; PAGE 3 08/27/2003 14:09 8173358110 GRAHAM MARCUS PAGE 03 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 rendes this ageement shall be in strict compliance with the Charter, Ordinances and Codes of City and in aceordancc 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 eneroactunent 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 ��� ,z RECEIVED: 8/27/03 2:31PM; ->HCBECK; 9564; PAGE 4 08/27/2003 14:09 8173358110 GRAHAM MARCUS PAGE 04 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 improvemcut 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 1r_____days, from8"2!S 6 3 t&lLa4 provided, however, should the need for the encroachments 'anted hereunder at any time cease, Grantee agrees to immediately notify City of such condition; and,upon reccipt of such notice by the Building Official of the City of Fort Worth, this agrcement shall tenninate. RECEIVED: 8/27/03 2:31PM; -�HCSECK; #564; PAGE 5 08/27/2003 14:09 8173358110 GRAHAM MARCUS PAGE 05 7. It is expressly undcrstood 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'agrccment 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 znalcing inspections to determine compliance with the terms, covenants and conditions herein. Li 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 sha11, at no expense to City, restore the public rights-of--way and adjacent supporting structures to a condition acceptable to the Director of Tramportation and Public Works err his duly authorized representative and in accordance with then e:usting City specifications, and Grantee shall remove all barricades, equipment, supplies, materials or other property from said location. Grantee further RECEIVED: 8/27/03 2:31PM; ->HCBECK; #564; PAGE 6 PAGE 06 08/27/2003 14:09 8173358110 GRAHAM MARCUS 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 Grautee 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 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 RECEIVED: 8/27/03 2:32PM; ->HCBECK; #564; PAGE 7 08/27/2003 14: 09 8173358110 GRAHAM MARCUS PAGE 07 upon the public rights-of-way following termination of this Consent Agreement. 10. It is firther understood and agreed between the parties hereto that City holds the city streets, alleys, sidcwalks slid 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 hercof determine in its sole discretion to use or cause or permit to be used for any publid 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 fecs, taxes m rentals provided for by this agreement or by any federal, state or local statute, law or regulation. 13, RECEIVED: 6/27/03 2:32PM; --HCBECK; 9564; PAGE 6 08/27/2003 14: 09 8173358110 GRAHAM MARCUS PAGE 08 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 oinissions of its officers, agents, servants, employees, contractors, subcontractors, lieeasccs and invitees; that the doctrine of respondeat superior shall not apply as between City and Grantee, its of&ers, 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, employees, contractors, subcontractors, licensees or invitees of City; and grantee hereby assumes all 'Liability and responsibility of City, its RECEIVED: 8/27/03 2:32PM; ->HCBECK; /#564; PAGE 9 PAGE 09 08/27/2003 14:09 8173358110 GRAHAM MARCUS 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 td City property, arising out of or in connection with any and all acts or omissions of Grantee, its officors, agents, servants, employees, contractors, subcontractors, licensces, invitees or trespassers. 15. Grantee agrees to furnish City with a Certificate of Insurance, namTng 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 'q3". The amounts of such insurance shall be not less than the. following: Property damage, per uccurrenee $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 mended 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 Iu.suranee annually to City on the anniversary date of the execution of this ag-rcement. RECEIVED: 8/27/03 2:33PM; ->HCBECK; #564; PAGE 10 PAGE 10 08/27/2003 14:09 8173358110 GRAHAM MARCUS Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep iu force such public liability insurance at all times during the term of this agreeluent and until the removal of all encroachments and the cleaning and.restoration of the city streets. All insurance coverage required herein shall include covrrage of all of Grantee's contractors. 1(. 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.. 1 S. Should any action, whether real or asserted, at law or is 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' foes. STATE OF TEXAS COUNTY OF TARRANT. BEFOREME, the undersigned authority; a Notary Public in and Fq the Sfttt of Tr s, on this day personally appeared ,known to nre to be the person whose dame is subscribed to the f • going instrument, and acknowledged to the that helshe executed the same for the purpose al d consider ion.the xel.n JIAexpressed, rrs the act and deed of , and in the capacity therein stated. GIVERT UNDER 111'HAND n nrD SEAL OF OFFICE this ��� day Of Aff ant Notary Public in and The State of Texas ��exra R.G . NAREZ Notary Public STATE OF TEXAS a}A�OF My Comm.Exp.09/10/06 .11 RECEIVED: 8/27/03 2c33PM; —>HCBECK; #564; PAGE 12 PAGE 12 GRAHAM MARCUS 08/27/2003 14:09 8173358110 ,STATE OF TEXAS COUNTY OF TARRANT � BEFORE ME, the undersigned authority, a Notari Public in and For the State of Texas, on this day personally appeared .Sn nn ti] � it ,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 Q and in the capacity therein stated iii rlEl V-AD R MY MAID Ah'D SEAL OF OFFICE dris � day Of S r A,fftant � Title 4Notary bli ' and for The State of Texas w` \ Mary C. Davis Notary Public,State of Texas My C W36on E*es APRIL 28,2004 12 RECEIVED: 6/27/03 2:33PM; 'HCBECK; #564; PAGE 11 PAGE 11 GRAHAM MARCUS 08/27/2003 14:09 8173358110 EXECUTED This-q2:' 20M5 GRANTOR: G TEE: CITE OF FO T W TH BY— . w.�� s OnIML APPRO D3RTM AIND LEGALITY; Pr�;��- ftt, ..«, :� 'TITLE A5-,- cm Tro6qFy DATE:— SECRET DATE: D Contract Authorization data 1 END �Y! •.INV�iY YY' ■��4 City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1 FORTWORTH CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 6/24/2003 PERMIT#43046 MAPSCO 77A D.O.E.#NA (if applicable) STREET BLOCK FROM TO DATE Mon.-Fri.Time I TIME TIME BEGIN END BEGIN END SAT. SUN. 1.THROCKMORTON ST 1000-1200 W 10TH ST W 11TH ST 8/25/2003 9/12/2003 24 HR 24HR 24HR TYPE OF WORK TO BE PERFORMED:(CHECK ALL THAT APPLY) ❑RESIDENTIAL ❑COMMERCIAL(SITE PLAN# ) ❑FUND RAISER ❑CURB/GUTTER ❑DRIVE APPROACHES ❑SIDEWALK ❑OTHER ❑SPECIAL EVENTS ❑HANDICAP RAMP ❑STORM DRAIN ❑UTILITY(TYPE ) ❑BLOCK PARTY EXTENSION PERMIT#40502••LIFT AREA WORK ON THE SBC BUILDING"OK PER ATTACHED TRAFFIC CONTROL PLAN"REMAINING SIDEWALK TO BE KEPT CLEAR AT ALL TIMES. THIS PERMIT/S GRANTED TO THE CONTRACTOR/APPL/CANT UNDER THE FOLLOWING CONDITIONS: • CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES. • THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. • ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARD SPECIFICATIONS FOR STREETS 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,STANDARD TYPE I BARRICADES 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. H.C.BECK GORDON ALDERMAN CONTRACTORIAPPLICANT PERMIT ISSUER } EMERGENCY CONTACT NAME JOE SAATKAMP 24-HOUR 214-745-6195 MOBILE 214-725-4627 PGR# FAX#214-464-0361 PHONE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 1o�=z http://tpwpermit.cfwnet.org/popup_permit.asp?permit id=43046 OR/2R/200l RECEIVED: 6/27/03 2:33PM; ->HCBECK; #564; PAGE 13 08/27/2003 14: 09 8173358110 GRAHAM MARCUS PAGE 13 JUN-25-2003 WEU U3;U4 F'f1 11''W`,3 I Ktt 1 f1HNhULr1tN 1 h MA Nu. Ulf 0"i X1214 � 1 i � i ► I � r Q NQS � 1 � z T G,> r , � { SURROUND WORK AREA co co WITH TAPE AND TYPE 1 V ( BARRICADES 'T1 N1 X X r x x w • a o I AD I � � I a s w a 0 O This plop is submitted for TCP. I r.=rt fy thic ,nlr.n will be used for the fo'Iow;ng tocol )' O C) odd IFAt nll rhnnnpGiin0 devices will conform to "Cenerol Notco" ao ohawn on the bock, s S gnature; Dote: CITY OF FORT WORTH SIDEWALK PARTIAL CLOSURE TRANSPORTATION AND L PUBLIC WORKS Sec rc,arsa side for GeneroiNcics and Devlce 5 ac;n . PLAN o6/25/03 wED 15'.12 [TX/RX N0 65071 RECEIVED: 8/27/03 2:33PM; ->HCBECK; #564; PAGE 14 08/27/2003 14:09 9173358110 GRAHAM MARCUS PAGE 14 1 Certificate of Insurance iE,$ Is cerllfleale b inrued oe a maser of Inrwun.4on only ane CCnisfe ho ri0hla upon the 081111 6016 holder. esrlifivate neither aifirmadvly amends, ostonds er almrs tee aovera0e aftoMad by It+a po116ias llstcd ba►ow- NAi.16 ANP ADDFES'J of lNr3UAE,DCQMPA.NI6S AFFCAOIN13 COVERAG ANY n HC6eck, Ltd, � A ADMIRAL INSURANCE COMPANY 1807 RSss TEXAS Suite 1-4 13 AMERICAN ZURICH INS. CO, Dal.G,4s,TEXAS 75201-2619 LETTE� Rr" G ROYAL (NISURANCE GO. OF AMERICA COWA NAME AND ADDRESS Aon RlskSevvloeS or 71-5S,Mc. OF AGENCY; 271! No,ldaskvil Aveiro•, Suite Baa spa Y p ZURICH AMERICAN INS, CC DsN!!a, Tr7a'06 Trr204 LEXINGTON INSURANCE,CO. This 19 to oert that pdklw otlntwranve listed below have bath Irsuadto the Insured huff*4 atbwc and aro in f0tae 21 this 11MC. I�Mr°sort TYPE OF INSUfaANCE POIiOV NUMBER POIJOY U Ila o1 Llab;r l fl^f� TEAM Bodily Injury and ie - rr oP•n arrnam■ GENERAL LIABILITY ColhMod Blnpla Urr it u8Z61AC10L'G6lllML A03AG1e753 5-1-09 oaa• A ora s-1-ua rrc nce 000uacNae P etr/Ce out t t 'Per Prot ►„r Locov AUTOM061LIE UARV TY TAP"891413-0E (Tvxa3) J ® CCM/At31f9+eN000AM BAP2299121-02(OthCr States) Pro to 7-1.09 Poand sp le lmahle ® owrrnsl PCormnbinod sr,aeo,eae Q Nlaso TAPROSSISS-03 (Teras) Single Llmh © NON.OwNED 6AP2988191-09 Othar Simla$) 7-1-0.9 to 7-1-04 ExCFJ3S LIABILITY 9-1-09 Bodily fnjufy end C ® umarteuA PORM P2NN20@351 Io P;dperty 03RIg6C s S•1-0• Combined aln9le Ltrrllt Each Ciejm Os,coo,Orq E PROFE9SIONAL 1(54938 6-1-09 re LIABILITY 9-1-� AgereAete 6B,aac,aw YIIOFIKERs, WC0989199-02 7.1-ot to 7-1-03 5tatulory;All titetas oseapt MonopolleNe Fund Start p COMPBNSOTIDH mmpfoyeLiability ability to►all auras Boally Injury by ACdeamt 21,000,000 E4 AaoWent ANV bodily injury by Disease $1,000,000 fin.Polloy Umlt EMPLOYERS' LIABILITV WGZpBD18o•o3 7.1.09 to 7-1-04 Bodily Injury by Glsaaas $1,000,000 Ea.Employee 11F O TIO ATI N TO WWI I CE 71FICA P Gee ca e p evlc�e�>�s pr�n b IM;W n a a9 req 1ss�,anca a � d lict using Fcr cngstruction work par6artnod by HCMisck,L uL In the City of Fort Worth,Texas- City of Fort Warth,Texas is mccenized wan additional insured for gametal liabRity mad auminobilo liabilfty Cwvellalion: Should any of the Wave 000110cd pollcl@x be Cancelled of MAl9f1Ally ohan4ed prlot to the a vpirnl1'an date Owamol,90 days prterwHRen malleo will brmalled to the below named certificate holder,except for 10 days,written natica for moll-Paymomt,of prerRiuht. NAM I!AND ADDRESS OF CERTIFICoTE HOMER: April 28,.2003 pl CITY OF FORT 1ivpATi� DAYS ISSUED: DapII,t=eIIt oiDevelopmeat leo 7hstookMWftun (AL (y6a..C.-2 �.t. Part Wort.TX 75703 .>vrr+o LF1lrYF�S6tYlIItlVk