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HomeMy WebLinkAboutContract 34037 EAT1lARY. CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OFTARRANT THIS AGREEMENT is made and entered into by and between the City of Fort North, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Building Official, hereinafter referred to as the "City" and Brazos Restoration & Waterproofing, Inc. Acting by and through its duly authorized agent, Walter F. Johnston Hereinafter referred to as "Grantee". WITNESSETH: For and in consideration of the payment by Grantee of 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 portion of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: �i�d►�t(),Xe1-CL �CX.C'u4°, W, _ G�,S�F S►l Fr0v'-� �7 strep-t z© � s0L"Lt1-\ 5a5 Cern �,� s� 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. Z. All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. irl�, 1 CONSENT AGREEMENTfor Temporary use Of public property 3. Upon cxci'ation of this agreement and the privileges granted hereunder, there shall be no enc-ozcn;nent by Grantee in, under, on or above the surface of the public rights-of way involved. 4. G-artee agrees to pay in advance an encroachment fee for the temporary privilege of — croaching upon a portion of the public rights-of-way as described in Exhibit "B". Said fee is calcula:cd .n the manner and amounts prescribed by the Building Code of the City of Fort Worth ,or use ++or occupancy of public property. The estimated total amount of said fee is: 90 ma( z1C,S-2 ov ---- - -- 5. Grantee. at no expense to City, shall make proper provision for the relocation and/or staia,lon of any existing or future traffic control devises or other improvements affected by s.ic'n encroachment, use and occupancy, including the securing of approval and consent from the appron-late agencies of the State and its political subdivisions. In the event that any installation, reinstailat,on, relocation or repair of any existing or future traffic control device or improvement o%v-1ed or constructed by or on behalf of the public or at public expense is made more costly by v ii nue of the existence of such encroachment and use, Grantee shall pay to City and additional amo:nt ecual to such additional cost as determined by City. 6. Tile term of this agreement shall be for :?>C) days, from ©—I to " Prop lded, however, should the need for the encroachments granted hereunder at any time cease, Grantee agrees to mmediately notify City of such condition; and, upon receipt of such notice by the B'-iilding Official of the City of Fort Worth, this agreement shall terminate. 7. f� is expressly understood and agreed that this Consent Agreement is for a temporary enercach merit in, under, over and upon the public property as located and described in Exhibit 2 CONSEN7 AGREEMENTIor Temporary use o!'public property a"cer.�cnt shall not be construed as the granting of a permanent easement, e:;--)E,- :,.,'C*.,t o- is ease upon City's public streets, alleys, sidewalks, or other rights-of-way. 8. ro'_: . .:s duly authorized representatives, shall have the full and unrestricted right to po-- a ' -,).,bloc rights-of-way for the purpose of making inspections to determine �A :'n t'-.e terms, covenants and conditions herein. In the event that any inspection -Cv,al a ''c-cac'`I of any terms, covenants or conditions herein, City shall give Grantee ret:ee �: s_:c',. 'urcach. Should such breach not be corrected by Grantee within twenty-four (24) i.eurs c f re cir, of t:nc notice, or within such shorter period of time as deemed necessary by the I3.uid i-,-- 01M,ciai for the protection of public health or safety, City may terminate and cancel this i.L:-,C :rc nt. 9. or termination of this agreement for any reason whatsoever, Grantee shall, at t.� Cit}, restore the public rights-of-way and adjacent supporting structures to a rui:„n .:cccn,a'hIc to the Director of Transportation and Public Works or his duly authorized c -e crta',vc arc ;n accordance with then existing City specifications, and Grantee shall remove eq.:tpment, supplies, materials or other property from said location. Grantee co”mart; and agrees that for a period of one (1) year after the termination of this Consent G-antee will repair all conditions or damages to the streets and sidewalks or other - hts ay ,hat ''have resulted from Grantee's use or occupancy of the streets and sidewalks or as determined by the Director of Transportation and Public Works or his e>:gr.C Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from Transportation and Public Works or his designee. All repairs shall be performed and workmanlike manner and shall comply with all applicable laws, codes, c- �ra-,ccs and suecifications. , `v----it t:,at Grantee fads to comply with the covenants herein contained with respect to s,j: - ;r:o a. or restoration, the City shall have the right to remove or dispose of any barricades, cq�ia�rcn,. s.i-:)plies, materials or other property and repair any conditions which in the opinion of a-e ne,essary to bring the public rights-of-way to the condition prescribed herein, and C ',r ia''l not be responsible for trespass or any other damage or liability in connection with such o- rc�toration. Grantee shall reimburse City for the cost and expense of such removal ar.c'o e a.rs mmcd,ately following billing for same by City. 3 CONSENT AGREE MENTfor Terroorery use of pudic property t`rr` ` erc;n shall be construed as a �yaiver by City to enforce penal sanctions prescribed -v --c Codc Df'.1-e City of Fort Worth and the laws of the State of Texas for Grantee's continued e 1_-a3cli cr.t goon ,he public rights-of-way following termination of this Consent Agreement. 10. I- is :l:rt: er undcrstood and agreed between the parties hereto that City holds the city streets, 'i e Ys. �:-`L%.albs acd other public rights-of-way, including the portions of such streets used and rc-c-acI e ipcn as described herein, as trustee for the public; that City exercises such powers C- ;h° '—' cc's as have been delegated to it by the Constitution of the State of Texas or by the and t)c Ci y cannot contract away its duty and its legislative power to control the st-ces :o- }.e t.se and benefit of the public. It is accordingly agreed that if the governing body of t� .ti', 1'.s Cite Council, shall at any time during the term hereof determine in its sole j s---et rn .(, use or cause or permit to be used for any public purpose the said encroached portion this agreement shall be automatically canceled and terminated. 11. ,Jrar:ee aTecs to comply fully with all applicable federal, state and local laws, statutes, 0-1=1'2-1--Cs. cedes or regulations in connection with the construction, operation and maintenance c f laic: and uses. 12. G-<:n;cc a roes to pay promptly when due all fees, taxes or rentals provided for by this a ree r.e t o- :;v any federal, state or local statue, law or regulation. 13. G;sn.ce covcnants and agrees that it shall exercise all rights and privileges granted hereunder a ar contractor, and not as an officer, agent, servant or employee of City; that s.`-.Ei. h ,c exclusive control of and the exclusive right to control the details of its c.Dc-at.or,s and act %hies on said described public property and all persons performing same, and ;a'1 c solely responsible for the acts and omissions of its officers, agents, servants, employees, c, tra ,ors, subco-.tractors, licensees and invitees; that the doctrine of respondeat superior shall c` a-p7.,Y as 'cn-,�cen City and Grantee, its officers, agents, servants, employees, contractors and and nothing herein shall be construed as creating a partnership or joint enterprise e Uc n Ci`� end Grantee. r a t; 211 E"Coil 4 "QTY C 2� R ?Y CONSENT AGREE ME NTfor Te ra eR;f pe � �S a I 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, :AGI N'TS, SERVANTS ,-,\-ND EY,IPLOYEES, FROM AND AGAINST ANY AND ALL CLALLIS OR SUITS FOR PROPERTY DA-MAGE OR LOSS A-ND/OR PERSONAL INJURY , CNCLU'DLNG DEATH, TO A.NY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, YVHETAER REAL OR ASSERTED, ARISING OCT OIF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACIL`IENT :V.ND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN YY HOLF OR PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, 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 CI.AIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SFIALL INDEMNIFY CITY FOR ANY ANMD .ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION YY"ITH ANY AND ALL ACTS OR OMISSIONS OF GRAiNTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES, INVITEES OR TRESPASSERS. 1J. Grantee agrees to furnish City with a Certificate of Insurance, naming Cita ascer if;ea'.e holder, as proof that it has secured and paid for a policy of public liability insurance al, Public risks related to the proposed use and occupancy of public property ::s c"ca'ed ar.d described ;n Exhibit ''B". The amounts of such insurance shall be not less that :'()Ic% . ig Property damage, per occurrence S!00,000.00 Bodily injury, per person S250,000.00 Bodily injury or death, per occurrence S500,000.0C With the understanding of and agreement by Grantee that such insurance amounts ;ha.i 'ce :evi� ed upward at City's option and that Grantee shall so revise such amount imm. cdlate.y `oilov': .g -notice to Grantee of such requirement. Such insurance policy shall pro�i_'.e ':.,3' t canceled or amended without at least thrt y (30) days' prnor � nuen notice to '.he B.�:i _i�_ Ot':i�1a'1 5 eohsEv1 e k of the City of Fort Worth. A copy of such Certificate of Insurance is a,Zac'ned as ] xr-.i'7it ''A Grantee agrees to submit a similar Certificate of Insurance annually to Cit- on the anr:versary date of the execution of this agreement. Grantee, ag--Tees, binds and obligates itself, it successors and assigns, to ma;nt;i!n and keep n Force such public liability insurance at all times during the term of this agrcer,iu: ; and removal of all encroachments and the cleaning and restoration of the cite streets. All ;r.surance coverage required herein shall include coverage of all 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 prior written approval of City, and any attempted assn rtmer,t wishout such prior %„-nt[ern approval shall be void. 17. This agreement shall be binding upon the parties hereto, their successors and IS, Should any action, whether real or asserted, at law or in equity, arise ou' o:- the ,e--r.s znc conditions of this agreement or out of the use and occupancy of Cit} piope-'y �!s pern:u'�c 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, Ci,” sF all `je entitled to recover interest and reasonable attorneys' fees. EXECUTED this day ofI/1,�� 200 GR TOR: GRANTEE: CITY OF FORT WORTH oY W�Aer(yooC , '1L Building Official Title 6 CONSENT AGREEMENT Io,Tt,-,c a- _sec --:h-c-p��. i APPROV O F RM AND LEGALITY: 7 2- Assistant Ci Atrtomey Date City Secretary 0 Date ENO? M&C; 10.Q �R-D 7 cliff CONSENT AGREFMEN'T,or" or ul.R :��' �� Gti.. STA TE 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 CYI A 6 -InmxgOwFx:�I ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to erre 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. r GIVEUNDER MY HAND AND SEAL OF OFFICE this l 7 day Of , 20iQ(-. Affia Kt ASST. A1110MJ6- O�l00L, Title <t n 6A 01�'V Notary Public in and for The R. G. NAREZ Notary Public,State of Texas My Commission Expires September 10,2009 8 E' C. STATE OF TEXAS COUNTY OF TAR-RANT BEFORE ME, the undersigned authority, a NolaP bfter- ►\ i„ and For.the State of Texas, on this day personally appeared-L4-�/\ ,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 e purpose anc� ns coil We tl, erein expressed, as the act and deed of ('G.Zc�> PS{o r� �u'� and in the capacity therein stated. U IVEN NDER W HAND AND SEAL OF OFFICE this ` _.. day Of _ 2OZ'. m Affca t Title Notaik Public in and for The State of Texas =OF MS6/2010 9 Contractors Name; Point of Contact: Phone Number: Building Permit Number --IVa pint Purpose for Closure: Mon I: Begin Date:?�-1 L}-D 6 End Date:q– 12-06P Type of Taper according to posted speed limit: Tapers @ 30 MPH 10ft Offset 30ft minimum Tapers @ 35 MPH 10ft Offset 35ft minimum J.•l�d Tapers @ 40 MPH l Oft Offset 40ft minimum v $ ? 0 L O clt u)a i r :5� n ►e r2co 1CJ5yFl- ,� o N p �e �P @ o o , -, ►r r- 2ce go e-+ o C' �� tC CI%�',�fJCY OF PUBLIC PROPE17� w_ o ...1_. of 4TRd1�T 3 DAY-, . - LESS _ 1u� KE- 0 SQFT. XAYS X 3 vti `' , l(l i. ani sz• �� _ z _ _ . . 0 tG 14b FOR 1490 RECEIVE AN INSPECTION AFTER ALL -f-� APPROPRIATE BAI:RIE,S OR OBSTRUCTIONS z;� ARE IN PLACE. �P A E/7/2006 Time : 9 : 10 AM To : R 1 (972 ) 923-9444 Fa.ge : 001-002 �9C.0-RD, CERTIFICATE OF LIABILITY INSURANCE 0810712 6 'PQDU I'R (972)423-1010 FAX (972)423-5662 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION l he f2ov Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 801 East Plano Parkway HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 140 Plano, TX 75074-6774 INSURERS AFFORDING COVERAGE NAICft Brazos Restoration & Water roofin := EFH Illinois National Ins. Co. 214 N. College ,+a= IFEFE Mt. Hawley Insurance Co. Waxahachie. TX 75155 S'-PEES Texas Mutual Insurance Co. IIIsuPEP c r ISi IRER E =0V RAGES THE FC L'CIES OF'.NSURANCE �ISTEC BE1 0W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING A.N`/REOUIREMENT TERM OR CONDIT CN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR VAY PERTAIN THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PDI ICIES.AG'RE347E LR•.11 S SHOV,'N MAY HAVE BEEN REDUCED BY PAID CLAIMS. �f R ADD L TYPE CF INSUflANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS .T_R INFRE DAT MM ATE GENERALLIAGI_ITY CDOI00027 10/09/2005 10/09/2006EMED UF2ENCE � 1,000,000 X -= PEN 'E� e 100,00 BLANKET ADDITIONAL A 5,00m cnF pers:,IINSURED PER L r AE'INJUR, i 1,000,000 X Blkt Wai%er/Subro. WRITTEN CONTRACT =ENE°AL? =ATE 2,000,000 = GRroucTs-r_onnProR A ,: 2,000,000 AUTDVC1Fu-==_IABIL?" ACV950608 10/09/2005 10/09/2006 :C4,!FINED SINGLE LI 11- Y (Fa ac- 1,?nt 1,000,000 --- --- - -- gpCLv�tJ.;dF- $ F a peror EODIL' hJUF'r S X_ Blanket _A.ddl . Ins. _ _ _ _ PFc;PEPrr oAr•,w;E r X ! Blkt Waiver/Subro. F�ra:,:i9nq _ I GARAGE LIA3ILI7Y A!(10 CrILI-E? CiTNE�.-H.AtJ EA ACC S _. ALTO CIIJL', AGf. 5 FX::E_SS,Un,BRELLAUAFwTY MXL0359264 10/09/2005 10/09/2006 EACNoccuFF'ENCE 1 000,000 _X _- _ _ AGGREGATE s 1,;00,000 VVOR•<FRS CCT1 AND TSF0001101008 10/09/2005 10/09/2006 X TC R'r L""S EP eKml o1ERs LIABIury EL EACHAL:,-0ENT S 506,000 BLANKET WAIVER OF ELOtEASE EA EMPLOYEE $ 500,00 SUBROGATION ELorsEA=E.POLICYLMIT g 500,00 orr=.R i CDO100027 10/09/2005 10/09/2006 Maxium Item: $150,000 Leased & Rented A Equipment Amount of Insurance: $200,000 _ Deductible: 5500 'ES:�RIP-IC N C�CPERA7 IONS I LOCATIONS r VE4ICLES! CLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS he City of Fort Worth, its 0 Ticers and Employees are named as Additional Insured per written contra 'aiver of Subrogation applies in favor of the City of Fort Worth. CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Fort Worth 45_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Street Management Section BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 311 West 10th St. OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. Fort Worth. T\ 76 102 AUTHORIZED REPRESENTATIVE C. J. Roy V.P. CIC CRR 4COR025(2001r08) FAX: (972)923-9444 ©ACORDCORPORATION 1988