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Home My WebLink AboutContract 26655 CITY SECRETARY CONTRACT NO. . -� CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRA,NT THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Warrant County, Texas, acting herein by and through its duly authorized Building Official, herinafte eferred tn as the " 'ty"' and_ acting by and through its duly authorize 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 acid 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-. . 10. x 10 D '� 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 _ L/O 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_ days, fromr�--- � to .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. Di E'��jH0 ref 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-bis AU QECONDD duly authorized representative and in accordance with then exi ti J l VIIIS! _�GJp 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. 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 Irk�IfeggC A S IE GGQD 5 INN, MCLRf F57 V 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 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, CNIVY K("f MY 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 agree 4 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' ��'�RINAL PECOOED fees. C-�Tf�EEC-1 Udo 9 i a EXECUTED This day of GRANTOR: G TEE: CITY OF FORT MR 13 BUILDING OFFICIAL I APp_ VSD F �t_M AND LEGALITY: TITL SWORN TO,SUS60RISED BTm C A RNEY DATE: UND ROCK,TEXAS THIS I - 6A.D. /. NOTARY PUBLIC CITY SECRETAR DATE: I AND FOR�IILLIAMSON COIiNTi� t� 0'-6y pl' SARAH G. ORES yNL ju�,C I� lx(�I�E J� ® NOTARY Pvi3uc Contract Authorization � STATE OFXXAS OF My COMM. Exp.07-28-0 i • Date i i .. • ,, 10 HOW 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 m E I e-m,, ,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 cons era �t 'st, expressed, as the act and deed of j SS �i Lk�� i r►' CI C and in the capacity therein stated. GIVEN qNDER MY HAND AND SEAL OF OFFICE this ' day Of 20JRL. Affiant ''° � JUANITA JOYCE JEFFERSON Notary Public �b stare of Texas No ry ublic in an or '.PP Comm. Expires 06-28-2003 The State of Texas t L1 0 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Pnnblic in and For 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 for the purposes and consideration therein expressed, as the act and deed of , and in: the capacity therein stated v!''r�. ,i'U7ER MY HAND AND SEAL OF OFFICE this day of - �12�/p-� 2Qe54 . Affiant Notary Public in Bund for The State of Texas o'RVP6dL SARAH G.FLORES ® NOTARY PUBLIC STATE OF TEXAS v�OF ! MY Comm. Exp.07-28.03 •'au+aac3c 11 M�DA� HMO (gyp}Cffllu5Sv'j�pL`WN tl . II 0c UU��C_'lll'U9 00 id?_Ol S;JCl�` X x '_UoS 333 S G,,.Ya__._.�...+. XOOM > g33�alt/ 9S O swa £NVR,R Oh s Ald--iciozic! ^,nond 8O AO qvnoo0 A i'r177, n 91OJ�N �'? El"UNco) sNalon INN No sF3,�arms � SW NQUQ3dW Nd 3N 3d aNV 2l0311HO 1NYO[IW E a CL m E o � � l{ � � o ' a E�E rn` E E,IE F. r o 'mo W Im; O N g o C M. o.' L. v ; ? y � a a E �a c°� g H z E .� � � fC m L CL 4- 0) 0 CL CL ococ� co a C71 a° amain » y s� d wd Az: nl icy-9z-Hbw jjDATE(MM/OD/YY) P� 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND LONSO CAMARA I NSURALVCE CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTI:FT THE COVERAGE AFFORDED BY THE 10 S. Cong.ess Suite 100 POLICIES BELOW. _ I COMPANIES AFFOIJOING COVERAGE ustin TX 78704 (512) 477-5663 COMPANY A LETrFR Burlincyton Insurance COMPANY B INSURED LEI(LR PrOgressIye Paramount Remodeling & Roofing COMPANY C 6074 Central Commerce #A-101 LCTTFR COMPANY D flugerville Tx 78660 LE--ER (5 0 4) 887-5111 COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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 OCCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED 1E-REIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE Of IN5URANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS LTR DATE(MM/DD/YY) 1 DATE(MMIDONY) A GENERAL LIABILITY I U.-:NERAL AGGREGATE s2, 000, 000 COMMERCIAL GENERAL LIABILITY r PPS tor)UCTS•C_o.Mr/OP AGG a1, 0 0 O, 0 0 0 I CLAIMS MADE OCCUR B 016 8 Q 510 7 4 0 ,C 7/18/0 0 07/-18/01 I Pf R;ONAL a A3V.INJURY S 1 0 0 0, 0 0 0 OWNER'S&CONTRACTOR 5 PROT G/•C 4 OCCURHENCE - S1, 000, 000 FATE DAMAGc(any One file) s50, 000 MI.D EXPENSE(Anyonepemor) $5, 000 I AUTOMOBILE LIABILITY CC W RINED SiNGLt _— L"_ ANY AUTO �11'( L__.. 300, 000 ALL OWNED AUTOS BCD ILY INJURY SCNEOULEU AUTOS I ({A.neroonl s HIRED AUTOS 04025492-0 05/15/00 105/9.5/01 IdcDr_r INJURr . S O (P� cc den* .. NON-OWNED AUTOS 1 – OARAGE(,IA6 LITY I PRDI'ERTY DAMAGE I S EXCESS LIABILITY I EAI i OCCURRENCE S UMBRELLA FOAM / / / / AG3IFGATE S OTHER THAN UMBRELLA FORM S fATJ'ORY LIMITS .:. WORKER'S COMPENSATION h+ IEA: ACCiUENT AND EMPLOYERS'LIABILITY OLE EASE-POL'CY LIMIT 0�EF•3E--EACH EMPLOYEE E OTHER 1 )ESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS _ gr-ffyl ;arwe EFtY11FICA`fE FIOLDER CANCELLATION SHOULD ANV OF THE ABOVE DESCRIBE)° LICIoE� FE�eFOR THE EXPIRATION DATE THEREOF. THE IS;•UI TO /ITTV %�^ T+,�n"- ,nn�r-,•� -.-� -, .� .,. �: .- i . ,.�1t.._u�- � .�tvitL i. ,tt_ 311 10TH ST. LEFT. 7JT FA'LURE TO MAIL SUCH NO'rII(E HALL IMPOSE NO OBLIGATION OR FOR WOR'i H TX 76102 LIAB'LITY OF ANY KIND UPONTHE C MPJ ITS AGENTS OR RE?RESENTAT;VES AUTNORIZFD REPRESENTATIVE (CORD 25-S(7190) Q'ACORD CORPORATION Id LJdZ0:90 100E GT '-LPW SSNI UaU1,JU0 0SNO-11:1 W06A Park Central Hotel 1010 Houston Street Ft. Worth, Texas 190' 3 13 F(3 13 a 57 ,,, UO � ❑ 1157' 8' @ ❑ ❑ ® ❑ '-- ----- - ---= ]' 0000 14' tit 140 nic p' 6 5' 44' ❑ 52' 58' s Rt,Lia `DMuCIf M, rag � 14 I W I Q I z I W I W C 3as N3,1 N I D3sou�ia I SiDEwnLc I CLOSED I SgEwiCK RDSCD I I VSE D71CR SWE wox NSCAtl I t This plan is submitted for TCP. I certify this plan will be used for the following location(s): � o l and that all channelizin devices wil m to "General Notes'' as Signature= Dote: W) . AIN CITY OF FORT WORTHIr1�t / PI I< rl ncl IRI nFT Ir�lllv�f`Vt� I f\I IUIV AND Note PUBLIC WORKS See reverse side for General Notes and Device Spocing. PLAN 11G11 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS • STREET USE PERMIT DATE 03/28/2001 PERMIT#9334 MAPSCO D.O.E.# NONE (if applicable) STREET BLOCh FROM TO DATE TIME M-F TIME TIME SAT. 1.HOUSTON STREET 10TH STREET 11TH STREET 03/28/2001 03/29/2001 9:00 AM 12:00 PNI 2. 3. 4. 5. TYPE OF WORK TO BE PERFORMED:(check all that apply) ❑ RESIDENTIAL ❑ COMMERCIAL(SITE PLAN# ❑ CURB/GUTTER ❑ DRIVE APPROACHES ❑ SIDEWALK OTHER ❑ HANDICAP RAMP ❑ STORM DRAIN ❑ UTILITY(TYPE SET UP VACUUM TRUCK ON SIDEWALK. CONTRACTOR MUST USE TRAFFIC CONTROL FOR PEDESTRIANS AND ENCOURAGE CROSSINGS AT CORNERS THIS PERMIT IS GRANTED TO THE CONTRACTOR UNDER THE FOLLOWING CONDITIONS: • ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARDS SPECIFICATIONS FOR STREET 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,BARRICADES AND WARNING LIGHTS TO SAFEGUARD THE PROPERTIES AND PUBLIC • CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES ALL DADIAGES 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-NIAKING 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 CONTRACTORS LICENSE CONTRACTOR IS REQUIRED TO HA VE 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(TCP) 3 PAR AMN NT CnNSTR1 ICTInN CONTRACTOR PERMIT ISSUER EMERGENCY CONTACT NAME InNATHnN 24-HOUR PHONE 512-845-2561 MOBILE PGR# CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AT THE WORK SITE AT ALL TIMES. THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. INSPECTOR SIGNATURE FoPTWOPTH DAT' Tp ! D