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HomeMy WebLinkAboutContract 25742 C � oo 0?- CONSENT AGREEMENT CITY SECRETAWI;�5 7�L FOR CONTRACT NO. 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 FJW Group, Inc. acting by and through its duly authorized President 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: B00019-003-00 100 P QL, On 715 Jones Street Fort Worth, Texas 761 c WKI�',',�T H1 9 riEiV. . r 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 25 x l2 = fi00 R JV , 00L x /f= gCe•oi) 7TOfu I -_ /I0),p P4 9 01 oao. 5MCNAU ESM0G1D 2 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_ JI 16 days, from *"o to _'IA4100 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. OFMCAL HMO P ON���"�~GMS�5G EV, 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 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 UG (GD ,`L E�E No to specifications, and Grantee shall remove all barricades, equipment, C_ff URIs +°Va�1 FT, rl�fl Jy . 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 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 EECOPO� the laws of the State of Texas for Grantee's continued encroachment I MY EP rl, 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 statute, law or regulation. O�����IG��i L, b` COO RD ��U Urie�j �l 6 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 ID 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, NN���� G�� Py 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 (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 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. ;r UAL CR �����HEI".17,1 9 EXECUTED This 4 �iay of , � �'J GRANTOR: GRANTEE: CITY OF FORT WORTH BY: pzv A 9 o BY: BUILDIN FICIAL 7 .3 .2 da o APPROVED TO F RM AND LEGALITY: CITY ATTORNEY V DATE: CITY SEf RETARY DATE:nA L13 LkJ. Contract uthorization Date CUc'D 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For/hq State of Texas, on tl-is day personally appeared _ (,11 'A' known,known to me to he 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 and in the capacity,therein stated UMDER MYKAND AND SEAL OF OFFICE this day Of y Affiant r��'pr Puec4 BRENDA I NUNN , NOTARY PUBLIC STATE OF TEXAS OF�t' My Commission Expires 7 10 2001 � ,, 1\otary Public i of d for The State of Tex 11 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 Z? .T FA Xit ,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 pugPPoses and consideration &exetn expressed, as the act and deed of /`�.TW �'7''�Oa-�o - �Y�• , and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE this �g'� day of Affiant Notary Public in and for The State of Texas omnopncenzs� PAM -MCHEY ,M}1Y pG ff@tary Pmbk Stu@ of Tan ox t MY Casa Eq.6.5.2000 . 5@nL Dy; AVLA 1N5 ALitNGT; HI/ Z61 1720; Mar-28-00 9:13AM; Page 2/2 -- DATE(MIYDD/YY) N1421:0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE pex Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR N. Cooper, #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arlington, TX 76011 COMPANIES AFFORDING COVERAGE _ (817) 261-1101 FAX(817) 261-1120 coMrAHY A CONTINENTAL CASUALTY INS CO INSURER I CCWANY . FJW COMPANY, INC. B CONTINENTAL CASUALTY INS CO FJW GROUP, INC. (ETAL) COMPANY _ 905 W. MITCHELL C NATIONAL FIRE INSURANCE CO ARLINGTON, TX 76013 COMPAnr D TWIN CITY FIRS INSURANCE CO TI IIS IS TO CERTIFY THAI IHt VULICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSLE] TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RCCUIITEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER nOCI.IMFNT WITH RESPLCT TO WHICH TTIIS CI RTVICATE MAY BE 1SSJFR OR MAY PERTAIN, THE INSURANCE W FORDED BY THE POLICIES DESCRIBED HERCIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONCITIONS OF SUCH POLICIES. LIMI18 SHOWN MAY HAYS BEEN REDUCED BY PAID CLAIMS. CO ( I POLICY EFFECTIVE `POLICY EIIPBIATTON LTR TYNE OF M3URANC[ POLICY NUMBERPOLICY IMWOWM DATE LOWS E(M GENERAL LIABILITY GENERAL AGGREGATE 3 1,000,000 A CoMMEncurL(9FNERAL LIABILITY 101019491e 06/08/99 0 6/0 8/0 0 PNOI1uCTg-cnMVor AGO : 1,000,000 'I74CLAIM MADE �X�OCCUR PFASCNAL&ATT/INJURY $ 1rO00,D00 OWNEH'S 6 CONTRACTOR'S TROT FAC"0CCU4wNCC t T,OOO,ODO X PER PROJECT FIRE DAMAGE(NW one W.0) 3 50.000 LIMIT« MED EXP tart«w Clmn) AUTOMOBILE uABIITY A X ANY AUTO 101 D1��i• 06/08/99 06/08/00 COMDINCO SINGLE l vrIIT 3 1 r�0•� ALL OWNFO AUTCS BODILY*UUHY 3 -- FX SCHEDULED AUTOI (PNrPomp) HP%U AUTOS 5UUILY INJURY 3 NON•OWNED AUTOS Irer*=Mono F(OYEHIY DAMAGE 3 GA AOR LIABILITY AUTO ONLY.EA ACCIDENT 3 _ _ ANY AUTO ':OTHER 1HA11 AUTO ONLY: AGGREGATE f '[sCESS LIABLLRY EACH O'CURRO CE _ f 5,000,000 X UMRRFLLA FORM 1011004M10 06/08/99 06/08/00 AGGIICGATE f 5,000_,000 OTHER THAN UMiIRS LA F" ; YYORK[A8 CONPFJ/?ATfOM AND STATUTORY LAIARS .......•••:,;,;•• ••••• C E""°1F"° "'°"'Y 101019V83 06/08/99 06/08/00 EACH AcCfUENT S s00,000 THE PROPRIETOIV INCL DMASE•POLICY LIMIT f 500.000 r'nFTMEIi$A7EClJTIVE (1F'✓;IC8:r ARE: EXGt. DISEASE-EACH EMPLOYEE 3 500,000 OTHER _. D EXCESS UMBRELLA 4SX981ASOO 06/0 8/9 9 06/08/00 , OCCURRENCE 5,000,000 AGGREGATE 51000.000 DESCRIPTION OF REN[ BLANKET WAIVER OF SUBROGATION, REQUIRED BY WRITTEN CONTRACT APPLICABLE TO A,B,C,D, & 8 (EXCEPT ON ARCHITECTS & ENGINEERS) . BLANKET ADDITIONAL INSURED, REQUIRED BY WRITTEN CONTRACT, APPLICABLE TO A,B,C & E (EXCEPT ON ARCHITECiTS Sc ENGINEERS) . <s<:. .�< .�. ::� ire. .......... ... .... .: .. �... ,.,. ...........::.... .. ........,«x,e•• ..:ow:>.<.,:a'r:y2s::::e«r.'sx<e:„>.n.`o ..,.,,.,.. .... SHOULD ANY OF THE ABOVE DESCMORD POLICES EE CANCESIID BEFORE THE IDIMATLON DATE THEM F, TNF r9BUw0 COMPANY WILL ENDEAVOR TO IIML 3 0 DAYS WRITTEN NOTICE TO THE MRTrt7CATI VOIDER NAMED TO TN[ LEFT, CITY OF FORT WORTH BUT FAILURE TO MAIL SUCH NOTICE 3NALL IMPOSE NO OBLIGATION OR LIABILITY ATTNt DIEDRA MOSLEY OF ANY RRID UPo TME COMPANY, ITA AGENTS OR RrYRMAMTATIM. 1000 THROCKMORTON AUTIMUP R FORT WORTH TX 76102 T ' �� ...•. A R e.rtY...<.... . �..,... . EXHIBIT .�.. Vis,,<:, 0XVIC VA11 PE00-PD cc �1E(CGlC,Ey rl 15 �--- 25 x APRl ALLAPPRonw:CP4NT MW ALL 12Elvt ND REQ AN"SPECTION AFTEP Aq �OR C OS)RUCTIM ARE IN RACL EX/H161T OCC CY OF D �i r�3 0 �p,A1� A R LM 3 DAYS � 1,K FEE � s 1=�. x ,p I x AO Stl�cT� X ,001 x i # _ �..,,�,• ; PEND , � � G��C���D IY1 Vri WPEAU ..o ...—--.. nrmrt.