HomeMy WebLinkAboutContract 30462 CITY SFCRETAR�
01,E rACCT NO. n"11
CONSENT A GP 'I1rNT
FOR
TEA20RARY USE OR PU13LIC PROPERTY
STATE OF TEXAS
COUNTY'OF TARRANi'
THIS AGREElIEPNT is made and entered into by and between
the Ciiy of port'woi=th, a municipal coiporation of Tarrant Cou*,
ems;acetin�herein-bytnd-tbrough-its-duly-authorized-Lwilding .
0fncial, herinafler referred to as the "City'" and Maws I i AGI�,. LTp-
acting by and through its duly authorized �c 0-L i'vL ?-i c
herein2±6'r referred to as
"Grantee".
WITNES. SETEr-:
For and in consideration of the payment by Grantee of the
charges set out below and the true and faithful performance of the
Mutaal 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 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`T". 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
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amount of said fee is l�2 s x o.o� _ 10c). Pu
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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 I
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 23 days, fro 23 b4
to Iq 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.
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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 Eihibit `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. ---- - -- -
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 mak-ng inspections to determine compliance with the terms, .
covenants and conditions herein. In the event that any inspection should
reveal a breach of any te=s, covenants or conditions herein, City shall
give Grantee notice of such breach. Should such breach not be
corrected by Grantee within twenty-f"bur (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 eVpense 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
specifications, and Grantee shall remove all barricades, equipment,
supplies, materials or other property from said location. Grantee farther
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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
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
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upon the public rights-of-way following termination of this Consent
i
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
personas per-forming sane, 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 apartnership or joint enterprise between
City and Grantee.
JA
TO INDEAf N0,Y9
AND DOES 1REREB Y INDEX, HOLD HARA s',ESS AND
DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS AND
E IP LOYYEES, FROM AND AGAEC TST ANY AND ALL CLAIMS OR.
SUITS FOR PROPERTY DA-KkGE OR.LOSS AND/OR PERSONAE
INJURY, INCLUDING DEATH, TO ANY AAT ALL PERSONS, OF
WHATSOEVER L71ND OR CHARACTER9 THER REAL OR
ASSERTED, ARISING OUT OF OR Di CONNECTION WITH,
DMECTLY OR D=C LY,THE IVLALIN�E ANCE,
OCCUPANCY, USE, EMS1CE OR LOCATION OF SAID
ENCROACEff�fENT AND USES GRANTED HEREUNDER,
NEER OR NOT CAUSED,Ek'; WMOLE OR U, PART, By
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES OR ENTITEES OF CITY; AND GRANTEE RE=k BY
ASSES ALL LIA3IIILITY AND RESPONSIBILITY GE CITY, ITS
OFFICERS,AGENTS, SERVANTS AND LEI 11ILOYEIES, FOR SUCH
CLAIMS OR MTS. GRANTEE SHALL =WISE ASS= ALL
LI43ILITY AND RESPONSIBILITY AND SHALL INDEMNIFY
CITY FOR Ali AND ALL Dl JTJRY OR DAMAGE TO CITY
PROPERTY,ARISE�iG OUT OF OR E'q CONNECTION WITH ANY
AND ALL ACTS OR WESSIONS OF GRANTEE, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS,LICENSEES, UMTEES 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 "1B".
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The amounts of such insurance shall be not less than the following:
Property damage, per occurrence $140,000
Bodily injury, per person $25G 09-
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 (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 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 tunes
during the cerin of this agreement and until the removal pf all encroachme S.-
and
. .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.
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AND LEGA Tnlr':
CITY SECRETARY
do WVC,k�"d
contract Authorization
Date
STAVE OF TEXAS
COVAITY OF TA.RWIT.
BEFORE ME, the uv:dersigned aztthoriV, a Notary Publicin and
j5p:the St to of Teras, on thr clary personally appeared
�'v\ ,known to ive to &the person whose
name is subscribed to t e foregoing instrument, and acknowledged to 2,7ze .
that he/she executed the same for t1 .pzarposes d cons! er z t I in
erpressed, as the act and deed of.
acrd in the capacity therein stated. '
rl GIVEA'I VADER PYIFHAADAJVDSEAL OF OFFICE this day
Of l�►xya''r Z0
Afftarrt .
ANGEtA ESTRADA 1�'OtaPS'Pz[bdiC it1 anal for
Notary aw,lic ' The State of Texas
(&my
STATE OF TEXASComm.Eap.08/21/2007
STATE OF TEAS
COUNTY OF TARRANT
PEFOPE 311, the undersigned authoriV, , a Nota?7 Public in an
F'orgAe State of T=as, on this day personally aDpeared -e
tt— Sys. ,known to me to be theperson whose
name is subscribed to the foregoing instrumen4 and acknowledged to me
that helshe=--cuted the same for the urpose and co sideration therein
mpressedi as the act and deed of
and in the capacity therein statedi. 1
GMEN ORDER W HAND AND SEAL OF OFFICE this I q day
of20DI.
c:;,
Title
Title
-� - .
Notary Public in and for
The State of Texas f20�p,RY
• OF
.. �'�., .0 FIRES..• `��`.
25-20*
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Contractors Name: Ifaw'b -;' 10n Ie (,.TD
Point of Contact Lu 15 6,1 �yr�
Phone Number: 91:4
Building Permit Number:FM4-o2oa
Purpose for Closure:
Begin Date:—& :� End Date:(o{g a4
VIO( Type of Taper according to posted speed limit
Tapers @ 30 MPH 1Oft Offset 30ft minimum
"�"`_ • � Tapers @ 35 MPH 1Oft Offset 35ft minimum
Tapers @ 40 MPH 10$Offset 40ft minimus
i
-149 .
- sr
TEMPORARY OCCUPANCY OF uuhC PROP-
MORE
ROj"SORE MAN 3 DAYS t 5s�
SIDEWALK FEE- SOI?. X X A
STREETFEE SOFT. X .O�j __D,�, a Com►ing
APPLICAJtio I v, i APS RFCEIV�AN NA
^LL APPfiOPINA E BAPdWM OR OBSTRUCTIONS "E
DATE
ACORD,. CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 1 08/17/2004
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE
INSURED Haws & Tingle, Ltd. INSURERA American Guarantee and Liability Insuranc 26247-001
650 West Vickery Blvd INSURER B*
Fort Worth, T% 76104-1109
INSURER C.
INSURER D:
INSURER E:
COVERAGES
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 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ION
LTR TYPEOFINSURANCE POLICYNUMBER DAT£YMMIDDnYE PDAITCEYMMPDDYY) LIMITS
A GENERALLIABILITY CP0399165801 3/1/2004 3/1/2005 EACH OCCURRENCE S 1 000 000 _
$ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone tire) S 300,000
CLAIMS MADE 10 OCCUR MED EXP(Anyone person) $ 10 0 0 I
PERSONAL&ADV INJURY $ 11000,000
GENERAL AGGREGATE S 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000
POLICY $ JE
LOC
A AUTOMOBILE LIABILITY TAP399165701 3/1/2004 3/1/2005 COMBINED SINGLE LIMIT
X ANYALTTO (Ea accident) $ 1,000,000
s
ALLOWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
I
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS f (Peraccudent)
-- PROPERTYDAMAGE $
(PeraccidenI)
GARAGE LIABILITY AUTO ONLY-EAACCIDENT S
ANY AUTO OTHERTHAN EAACC S
AUTOONLY AGG S
EXCESS LIABILITY- EACH OCCURRENCE S
OCCUR (CLAIMS MADE AGGREGATE g
S
DEDUCTIBLE
RETENTION S
$
WORKERS COMPENSATION AND WCSTATU- OTH-
EMPLOYERS'LUIBILITY TORY LIMITS ER
E.L.EACH ACCIDENT $
E.L.DISEASE-EA EMPLOYEE $
OTHER E.L.DISEASE-POLICY LI MIT S
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION zxcept to Days for Konpat
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL 2"N=X=MAIL 45 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF'13 KyAKM)b=9M&L
City Of Ft. Worth, its officers and Rmployses 11 X
311 W. 10th Street AUT R REPRESE TIVE
Fort Worth, TX 76102
ACORD 25-S(7197) C011:1069036 TP1:292448 Cert:4673948 OACORDCORPOipM0N1988
DATE
��1111S CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 08/17/2004
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willie North America, Inc. - Regional cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE
INSURED Haws & Tingle, Ltd. INSURERA American Guarantee and Liability Insuranc 26247-001
65C West Vickery Blvd
Fort Worth, TX 76104-1109 INSURERS
INSURER C'
INSURER D
INSURER E:
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
All policies indicated are primary and non-contributory as respects any other insurance in force.
It is a condition of the General Liability policy that the general aggregate applies on a per
project basis.
It is a condition of the General Liability policy that contractual liability coverage is included-
as defined in the policy, subject to policy terms, conditions, and exclusions.
Re: Street Use Permit
It is a condition of the General Liability and Automobile Liability policies that City of Ft.
Worth, its Officers and Employees are hereby added as additional insureds only to the extent
assumed by the insured under the written contract, subject to the policy terms, conditions, and
exclusions.
It is a condition of the General Liability and Automobile Liability policies that a waiver of
subrogation in favor of City of Ft. Worth, its Officers and Employees has been added as respects
the above captioned project.
Coll:1069036 Tpl:292448 Cert:4673948
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(7/97) Co11:1069036 Tp1:292448 Cert:4673948
u ty or t ort w orth t ransportation anti rumic w orKS �)ireei u se rermit rage i or i
FoRTWORTHCITY OF FORT WORTH
�-� TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 8/23/2004 PERMIT #59373 MAPSCO 77R D.O.E.# Building Permit# PBOF-02683
(if applicable)
STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME TIME
BEGIN END BEGIN END SAT. SUN.
1.S RIVERSIDE DR 1 1400-1600 E MORPHY ST E MADDOX AVE 8/23/2004 10/15/2004 24HRS 24HRS 24HRS
TYPE OF WORK TO BE PERFORMED: Other-Fee
SOUTH BOUND CURB LANE CLOSURE OK AS PER ATTACHED TRAFFIC CONTROL PLAN.
THIS PERMIT IS GRANTED TO THE CONTRACTOR/APPLICANT 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.
HAWS&TINGLE, LTD AARON LONG
CONTRACTOR/APPLICANT CFW CONTA
EMERGENCY CONTACT NAME LUIS E ALDANA
24-HOUR 817-870-5075 MOBILE 817-882-7278 PGR# FAX#817-870-9975
PHONE
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STREET MANAGEMENT SECTION
311 W 10th STREET
FORT WORTH,TX 76102
(817)392-6594 FAX(817)392-8941
/ Z2
http://tpwpennit.cfwnet.org/popup_permit.asp?permit_id=59373 08/23/2004
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