HomeMy WebLinkAboutContract 27881 Jl`-06-02 08 :59 AM P. 02
07-27-02 P02 :43 IN CITY SECRETAW
CONTRACT NO. -
CONSEINT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARR.ANT
TIES 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"' ani
Coronado Builders, Ltd.
acting by and through its duly authorized General Contractor
hereinafter referred to as
"Crrantee"
WITN � SE :
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:
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The location and description of said encroachment is mord particularly
described in Exhibit`B"attached hereto, incorporated her ein 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 stricf compliance
with the Charter, Ordinances and Codes of City and in accordance with
the directions of the Building Oficial and the Director of*nsportation
and Public Works of City.
3,
Upon expiration of this agreement and the privileged granted
hereunder, there shall be no encroachment by Grantee in, under, on or
above the surface of the public rights-of-way involved.
4.
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Grantee agrees to pay in advance an encroachment �.ee 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 mariner
and amounts prescn`bed by the Building Code of the City �f Fort Worth
for temporary use or occupancy of public property. The eltimated total
amount of said fee is `n fywa'
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Grantee, at no expense to City, shalt make proper ptovision for
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the relocation and/or installation of any existing or future 6n; control
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devices or other improvements affected by such encroach =t, use and
occupancy, including the securing of approval and consen�from the
appropriate agencies of the State and its political subdivis:ons. In the
event that any installation,reinstallation, relocation or re+ of any
existing or future traffic control device or improvement o�ned or
constructed by or on behalf of the public or at public exp se is made
more costly by virtue of the existence of such encroachment and use,
Grantee shall pay to City an additional amount equal to su�h additional
cost as determined by City.
6. �.
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The term of this agreement shall be for from�0�,
to Z-_'�ovided, however, should the need for the e4croschments
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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 agreemen� shall
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terminate.
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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 a public
property as located and described in Exhibit 'W'. This a I!eement shall
not be construed as the granting of a permanent easement, encroachment
or license upon City's public streets, alloys, sidewalks or Ither rights-of-
way,
City, through its duly authorized representatives, shi ill have the full
and unrestricted right to enter upon all public rights-of-wa for the
purpose of making inspections to determine compliance with the terms,
covenants and conditions herein. In the event that any ins ection should
reveal a breach of any terms, covenants or conditions here n, City shall
give Grantee notice of such breach. Should such breach n t be
corrected by Grantee within twenty-four (24) hours of ree ipt of the
notice, or within such shorter period of time as deemed netessary by the
Building Official for the protection of public health or saft ty, City may
terminate and cancel this agreement.
9.
Upon expiration or termination of this agreement for any reason
whatsoever, C tutee shall, at no expense to City,restore a public
rights-of-way and adjacent supporting structures to a coed tion
acceptable to the Director of Transportation and Public Wprks or his
duly authorized representative and in accordance with the existing City
specifications, and Grantee shall remove all barricades, e�'ipment,
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 afte the
termination of this Consent Agreement, Grantee will rep r all conditions
or damages too the streets and sidewalks or other right" -way that
have resulted from Grantee's use or occupancy of the str is and
sidewalks or other rights-of-way, as determined by the Dieetor 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 desi&Tee. 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 re=val or restoration, the ity 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 right -of-way to the
condition prescribed herein, and City shall not be responsible for
trespass or any other damage or liability in connection wit such removal
or restoration. Grantee shall reimburse City for the cost wid expense of
such removal and/or repairs immediately following billin� for same by
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City. f
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Nothing herein shall be construed as a waiver by City to enforce
penal sanctions prescribed by the Code of the City of ForMorth and
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the laws of the State of Texas for Grantee's continued en#oaehment
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upon the public rights-of--way following termination of s Consent
Agreement.
10,
It is ftu-ther understood and agreed between the partiies hereto that
City holds the city streets, alleys, sidewalks and other pubic rights-of-
way, including the portions of such streets used and encro ched upon as
described herein, as trustee for the public; that City exerc' es 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 of contract
away its duty and its legislative power to control the stree for the use
and benefit of the public, It is accordingly agreed that if tie governing
body of City, to wit, its City Council, should at any time d�ng the term
hereof determine in its sole discretion to use or cause or p4rmit to be
used for any publid purpose the said encroached portion o the.streets,
then this agreement shall be automatically canceled and termiffiated.
11, F
C tutee agrees to comply fully with all applicable federal, state
and local laws, statutes, ordinances, codes or regulations ip connection
with the construction, operation and maintenance of said encroachments
and uses.
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Grantee agrees to pay promptly when due all fees, LI
or rentals
provided for by this agreement or by any federal, state or statute,
law or regulation.
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13.
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Grantee covenants and agrees that it shall exercise g 11 rights and
privileges granted hereunder as an independent contractor and not as an
ofgeer, 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 or the acts
and omissions of its officers, agents, servants, employees, ontractors,
subcontractors, licensees and invitees; that the doctrine of Irespondeat
superior shall not apply as between City and Crrantee, its officers, agents,
servants, employees, contractors and subcontractors, and nfothing herein
shall be construed as creating a partnership or joint enterp se between
City and Grantee, j
14,
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Grantee covenants and agrees to indemnify, and dogs hereby
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indemnify, hold harmless and defend City,its officers, agents, servants
and employees, from and against any and all claims or suis for property
damage or loss and/or personal injury, including death, to �ny and all
persons, of whatsoever kind or character, whether real or aisserted,
arising out of or in connection with, directly or indirectly, the
maintenance, occupancy,use, existence or location of sai
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 invites of City;
and grantee hereby assumes all liability and responsibilitylof City, its
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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 p perry, 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
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City as certificate holder, as proof that it has secured and laid for a policy of
public liability insurance covering all public risks related o the proposed use
and occupancy of public property as located and descn'bed in Exhibit 13' .
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The amounts of such insurance shall be not less than the following:
Property damage, per occurrence 100,000
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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
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revise such amounts immediately following notice to grantee of such
requirement. Such insurance policy shall provide that it cimnot be canceled
or amended without at least thirty Q0) days' prior written'Potice to the
Building Official of the City of Fort Worth A copy of su6h Certificate of
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Insurance is attached as Exhibit"A", Grantee agrees to submit a similar
Certificate of Insurance annually to City on the anniversa� date of the
execution of this agreement.
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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 o 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 nor written
approval of City, and any attempted assignment without s ch prior written
approval shall be void.
17.
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This agreement shall be binding upon the parties hereto, their
successors and assigns.
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18.
Should any action, whether real or asserted, at law in equity, arise
out of the terms and conditions of this agreernent or out ofithe use and
occupancy of City property as permitted hereunder, venue!for said action
shall be in Tarrant County, Texas.
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19.
In any action brought by City for the enforcement o� the obligations of
Grantee, City shall be entitled to recover interest and reasonable attorneys'
fees.
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J VfY-pO-OG X77 :DY FI I'1 P� 1 1
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EXECUTED Thi '` tray of July. , 2000
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GRANTOR: G TEE:
CITY OF FORT WORTH Corc nado Builders Ltd.
BY. �2 BY
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SUMDINO OFFICIAL George H. Gaharan
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APPR D T RM AND LEGALITY:GALITY: en al Manager
Tr ru
DATE:
CITY SECRETARY DATE: 7
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Contract Authorization
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Date
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05 MCCIAL EEO
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L�YpI @ Ir gk IF���p�y
11�Fo f,"l I Val
STATE OF TEXAS
COUATTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
F�Staf T xas, on this day personally appeared
ad:&> ,known to lire to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to lite
that lie/she executed the same for the rr es and consider tion therein
expressed, as the act and deed of ,
and in the capacity therein stated
TP E\'
Of
UNDER lY MAND AND SEAL OF OFFICE this oLy
20 ��
Affiant
A'otar} Public in an r
The State of Texas
R.G . NAREZ
Notary Pdit
* ' * STATE OF TEXAS
i �4 OF ly my Comm.EXp.09/10"
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STATE OF TEXAS j
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, d Notary Publt in and
For the State of texas, on this dgy personally appeared
George H. Gaharan ,known to me to be the person whose
name is subscribed to the foregoing instrument,and aeknowledg�d to me
that hdbhe executed the same for thepurposes and considerations theretn
expressed as the act and deed of Coronado Builders Ltd.'
and In the eapaclo therein stated I�
GWEN[TNDEA MY FIA AND SEAL OF OFFICE th c� 8th day
Ju02ly 120
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, jant George H. Gaharan
General Manager
Me
Notary PaNle In and or
The State of Texas
,�.3`• �1Gi2iy Fl��iiC _n ZC-02
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V Type of spat ucwdiog to�porW speed limit;
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PANCY OF PUBLIC PROPERTY
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AtL/1 p( T B LL FOR, _ RECEIVE��OBSTRUCT O!V AFTI�
ARE IN PLACE
JUL-22-2002 MON 09:51 AM CORONADO BUILDERS FAX NO. 817 184 1990 P. 02
CERTIFICATE OF INSURANCE IssLIeLSATe(Ialtlp11 "
Cera'irate# 30839 519 071102
+ y+t') ,.} n; �.,, ;.;,,�,•,a t ,•, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
��. POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
�isf+y .•!:L fY��^, rc lir, •,; t".I"4:;°. 'v,'t,�'•& compANY�!P
> s 3 'µ A'`TS� •"{ LETTER A St,Paul Fire&Marine Insurance Company
e11 11��1'' �4"0.4 . :. yM., � �•,
t.+,';'Ati of",F�.+�i, r' '�7�;,t:•,,�;�,f. ,h;�a.�.:?i ,.h " COMR4NV
INgURED LETTER B Westchester Fire Insurance Co.(NSU)
Coronado Builders.Ltd. iia G St.Pau!Mercury Insurance Co.
4300 Beltway Flare, Wo.180
Arlington,TX 76018 COMPANY U
LETTER
COMPANY E
LETTER
IRS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE @CEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY FeRIOD -
INDICATED,NOTV/ITHSTANDING ANY RECKAREMENT•TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE ;INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,UmI -S SHQVN MAY AVE 6--EN nEDUCED BY PAID CLAIMS.
CO' TYPE OF INSURANCE POLICY NWHER POLICY EFFECTIVE POLICY EXPIRATION UMr*1Q
I,TR UATE(MM/DDIYY) DATE(MM,TDDIYY)
A GGNERAL LIABILI4V I AGGREGATE S 1,000,000
X COMM17RCIALPENEAALLLQ8IUTV KK09101324 12/31101 12/31/02 �MODUCTS-COMP/OPA33. S 2,D00,000
GLARYSMADE®OCCURPE' PRONALAADV.tijjUF(Y S i,00,000
OWNER$L CONTRACTORS'PROT. EACH OCCURRCNma 1,D00,000
X General Aggregate applies prasct FIRE DAMAGE one Ikr+ 100,000
MEQ EXPEVgr Av ons vervol I S 101000
A AUTOMOBILE LIABILITY I COMBINED SINGLE
ANY AUTO KA09100258 12!31!01 12131102 LIMIT S 1,000,000
ALL OWNED AUTOS BODILY INJURY ,
3OHEOULED AUTOS
X
HIRmAUTOS
BOU14YINJURY
A W)N•OWNI:O AUTOS j (Per W06enl} i
GARAGE UADILITY
PROPERTY L14MAGE �S
EXCESS LIABILITY LACH OCCLR PF14r s 1010001000
UMBRFLLAFORM CUN689339-0 12(31!01 17131/02 AGGAESATE �. 3 10,000,000
OTHER THAN UMORELLA FORM
C WORKER'S DOMPWICATION X 37A'IJ70RY JMI 5 !'� ';' ;w"ri!
EACH ADCIDCNT >!
AND WYK9101$48 05101102 12/31/02 1,000,000D�C—PDUpYLIMIT A1,000,000
EMPLOYERS'LU181LnY DMEAS&FAOH EMYLCYEE 9 1,000,000
OTNGR
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DESCRIPTION OF OPERAnOM .00ATIONSNEHICLESIBPECIAL RGMS J/++(� ,J U L 1 9 j� } j��yy
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CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
C"of Fort Worth EXPIRATION DATE THERFOF, THE ISSUING COMPANY WILL, ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION CR
LIABILITY OF ANY KIND UPON I HE COMPANY;ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE