HomeMy WebLinkAboutContract 25906 C 0015/ 900 0/
CITY SECRETARYg5 qL0
CONTRACT NO.
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"' anti
acting by and through its
uly authorized Cts
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:
g-000 Z 0'r600 0 ,l_ S 1A . o. jFf
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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
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duly authorized representative and in accordance with then existing;
specifications, and Grantee shall remove all barricades, equipment, L I U p
supplies, materials or other property from said location. Grantee further
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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---
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penal sanctions prescribed by the Code of the City of Fort Worth ani I j��r gj,--pl51dn1`
the laws of the State of Texas for Grantee's continued encroachmen "�`" a YEN.
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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. ' ' G'Li' u�^' �c-_' COQ`
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, servan
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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 l,Jl&. JEnd
Insurance is attached as Exhibit "A". Grantee agrees to submit a simil r , i'r VMA
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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.
(i� Ivi C Ery I I�i�IGc)1U
EXECUTED This day of P 52000.
GRANTOR: GRANTEE:
CITY OF FORT WORTH
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BY: p a BY: C�� Gor7�/��.t c�d61-✓
BUILDING FICIAL �j-3o2,�00
APPR= AND LEGALITY:
TITLE
q"f CIT ATTORNEY DATE:
- 41 ,16tip
CITY SECRETARY DATE: - ud
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Contract kuthorization
Date
p6CAAL GSE(CuED
CNN M,!2 Y
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
Fo the State of Texas, on this day personally appeared
{ ,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 fortl purposes an 'consideration therein:
expressed, as the act and deed of (fe rte; ,
and in the capacity therein stated.
�MN UNDER MY HAND AND SEAL OF OFFICE th is i2�%--- day
Of
Affiant
SPY'e(,c BRENDA I NUNN
„ NOTARY PUBLIC
STATE OF TEXAS
N'TeoF +� My Commission Expires 7-10-2001 Aotary Public in nd f0
'� The State of Tera
�r EC E V Ey
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For to State of Te , o this day personally appeared
1 n�c' '�►. ,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 theur ses and cons_ider on t�h�rein
expressed, as the act and deed of
and in the capacity therein stated
N UNDER MY HAND AND SEAL OF OFFICE this day
Of 20 6 .
Affiant
Title
rot Y°e4� BRENDA I NUNNotary Pi blit in nd or
* NOTARY PUBLIC
STATE OF TEXAS The State of Texa
My Commission Expires 7-10-2001
05/30/00 TLE 11:28 FAX 817 332 8289 tlK VI-tY 1i\SUKANUr, wvvi
ACORD- CERTIFICATE OF LIABILITY INSURANCEDATE(WW-DDNY)
05/30/2000
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BRADLEY INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1415 SUMMIT AVENUE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
FT. NORTH TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
817-332-8288 INSURERS AFFORDING COVERAGE
INSURED C & R CONSTRUCTION INSURERA: DALLAS FIRE INSURANCE COMPANY
4032 SEVEN GABLES INsuPERe FRONTIER PACIFIC INSURANCE COMPANY
FT. WORTH TX 76133 INSURERC:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE"ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFlCATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ItJSR TYPE OF INSURANCE POLICYNUMBER OL EFFECTIVE OL EXPIRATION
LTR AT LINBTS
GENERAL LIABILITY j EACH OCCURRENCE $ 1,000 000
XX,COMMERCIAL GENERAL UAHILITY FRE DAMAGE(Ary one fire) 0 200,000
CLAMS MADE O?( OCCUR I MED EXP(Any oris person) 1 5,000
A DGLOJ2492 11/04,1999 lI/04/2000 PERSCNAL&AOVINJUgY is 1 000 000
GENPRALAGGREOATE S 1,000,000
IIGEN-L AGGREGATE UMITAPP'JESPER: PRCOUC-S•COMWpPAGG 6 1.000,000
X POLICY � Loci,
AUTOMOBILE LIADIUTY
I i I COMBINED SINGLE L'MIT is --
ANY AUTO (Ea accident)
ALL OWNED AUTOS j SOCILY INJURY
SCHEDULED AUTOS (por person) 1 I
HIRED AUTOS
3001-Y INJURY
NON-OWNED AUTOS f j (Par accident) 1
j
--I
PROPERTY
tDAMAGE 1
GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT S
i
ANY AUTO OTHER THAN EAACC S
AUTO ONLY: ASG S
m
ESS LIABILITY I �AC H OCCURRENCE $
OCCUR u CLAIMS MADE AGGREGATE $
S
7
DEDUC^BLE 1
RETENTION S � s
WORKERS COMPENSATION AND Ai X gq•
EMPLOYERS'UAHIUTY
COMPREHENSIVE EMPLOYERS ELEAC4AGCIDENT s 1,000,000
8 INDEMNITY NSP001194 11/09/1998 I 11/09/2001 E.L.DISEASE•EAEMPLOYE S 1,000,000
E.L.DISEASE-POLICY LIMIT IS 1,000,000
OTHER
DESCRIPTION OF OPERATIONS(LOCATIONS(VEHICLES!EXCLUSIONS ADDED BY ENOORSEMENT!SPECU0.PROVISIONS
PROJECT: 209 W. 5TH STREET, FORT WORTH, TEXAS 76101
0KCAL FIS" D i
CERTIFICATE HOLDER X iADDITIONAL INSURED;INSURER LETTER: A CANCELLATION Ir ` =P,F 1
SHOULOANYOFTHEABOVEDESC 189 FILI F F BEFO ETHE EXPIRATION
DATE THEREOF,THE ISSUING INSURERI4tJl�, "�"a DAYS WRITTEN
CITY OF FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
1000 THROCKMORTON
FORT WORTH TX 76102 IMPOSE NO OBLIGATION OR LIABILITY O ANY KIND UPON THE INSURER,ITS AGENTS OR
FAX: 817-871-8305 REFRE3TTATIVES.
AUTHORIPZED-49EPRESENTAAVE�L
I
ACORD 25-S(7.197) ®ACORD C bRATION 1988
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