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HomeMy WebLinkAboutContract 34038 CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COLI`<TY OF TARRANT TI-I1S 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, 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 te=mporarily encroach upon, uses and occupy portion of the space under, on and/or l abo-,,c the streets, alleys, sidewalks or other public rights-of-way as follows: 4 s�' l - Snno-,1 l-� s;d(� — �! C 1 l a LA i-\ 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 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 `'Forks of City. CONSENT AGREEMENTfor Te ora r-w ry use of public property 3. Upon c1 r,rat on of this agreement and the privileges granted hereunder, there shall be no encroac ..r,ent 'D,,- Grantee in, under, on or above the surface of the public rights-of-way involved. 4. Gran.ee agrees to pay in advance an encroachment fee for the temporary privilege of encrez 'r !ng upon a portion of the public rights-of-way as described in Exhibit "B". Said fee is alcui�ted :rn the manner and amounts prescribed by the Building Code of the City of Fort Worth nor :en: ra use or occupancy of public property. The estimated total amount of said fee `->1-reef- u� X" ; toy 3 fR � _S+GIC'Un�-,ice- ' C�00 S X �i /� r_ 1,1w r_06 5. ai ro expense to City, shall make proper provision for the relocation and/or nstz?'a, c„ or anv ex sting or future traffic control devises or other improvements affected by suc} ;. ,:ro chr�ent, use and occupancy, including the securing of approval and consent from the apprc7:- atc ,-encies of the State and its political subdivisions. In the event that any installation, rc)ns:a:la;�o:�, relocation or repair of any existing or future traffic control device or improvement -� >:- constrjcted by or on behalf of the public or at public expense is made more costly by vu-ni. :f t'ne existence of such encroachment and use, Grantee shall pay to City and additional a:nco-rn equal to such additional cost as determined by City. 6. 'ne tc n of this agreement shall be for A days, from— 1 -©(o to C)—q_— O, Pro% ccd, ho>>c cr, should the need for the encroachments granted hereunder at any time cease, a�:ces to immediately notify City of such condition; and, upon receipt of such notice by t:7e Official of the City of Fort Worth, this agreement shall terminate. 7. t .s cx::ressiv understood and agreed that this Consent Agreement is for a temporary enc; a-=mcnt in, under, over and upon the public property as located and described in Exhibit 2 CONSENT AGREEMENTfor Temporary use of'publrc property _-ec:r.cr t shall not be construed as the granting of a permanent easement, c',- hccn,se upon City's public streets, alleys, sidewalks, or other rights-of-way. 8. :s d'uly authorized representatives, shall have the full and unrestricted right to all p ,blic rights-of-way for the purpose of making inspections to determine '11.-itn tt,e terms, covenants and conditions herein. In the event that any inspection ;ho :', -e'ca', a beach of any terms, covenants or conditions herein, City shall give Grantee 'breach. Should such breach not be corrected by Grantee within twenty-four (24) o :; ` -c::_':;-,: of ,he notice, or within such shorter period of time as deemed necessary by the }or the protection of public health or safety, City may terminate and cancel this .L,cc 9. ( , o:, or termination of this agreement for any reason whatsoever, Grantee shall, at no cv)c,:�e .cl Ci',., restore the public rights-of-way and adjacent supporting structures to a o }o the Director of Transportation and Public Works or his duly authorized retires'7'a�.',: ani in accordance with then existing City specifications, and Grantee shall remove ec-ilpment, supplies, materials or other property from said location. Grantee th_ c )-,cr­:;:nts and agrees that for a period of one (1) year after the termination of this Consent r.cr,'.. Grantee .till repair all conditions or damages to the streets and sidewalks or other ,�,-h.;-c: that have resulted from Grantee's use or occupancy of the streets and sidewalks or G '.sL,, as determined by the Director of Transportation and Public Works or his antec agrees to begin such repairs within thirty (30) days of receipt of notice from `r D rc,'. f Transportation and Public Works or his designee. All repairs shall be performed in an c .pe ?;s. ops and workmanlike manner and shall comply with all applicable laws, codes, cr.''in:.n�cs a-,-' C,h specifications. c c,e. t t!,at Grantee fails to comply with the covenants herein contained with respect to 'a. or restoration, the City shall have the Might to remove or dispose of any barricades, nc:,'. s'. ; ;r;es, -Materials or other property and repair any conditions which in the opinion of c C :_. arc Mie essat,, to bring the public nghts-of-way to the condition prescribed herein, and C.;v ro: esponsible for trespass or_any other damage or liability in connection with such e �� :;' -:r res:oration. Grantee shall reimburse City for the cost and expense of such removal �:-_i _ -airs in,-ncdiately following billing for same by City. CONSENT AGREE MENTtor Tempo ry use S `'Cth r. -,ere,- s; all 'be construed as a waiver by City to enforce penal sanctions prescribed e C( c: ``.c C.tv of Fort Worth and the laws of the State of Texas for Grantee's continued roac I hc public nghts-of-way following termination of this Consent Agreement. 10. undcrstood and agreed between the parties hereto that City holds the city streets, -.1 cys, s dc�,,ai}_s and other public nghts-of-way, including the portions of such streets used and .:�cn as described herein, as trustee for the public; that City exercises such powers as rave been delegated to it by the Constitution of the State of Texas or by the - u'2, ire; a-,,d t'nc Ci.y cannot contract away its duty and its legislative power to control the ,L,cc-s f :},,e t:se and benefit of the public, It is accordingly agreed that if the governing body of L) ,.i . ,'_ Cit% Council, shall at any time during the term hereof determine in its sole i sC-err r �r� .ise er cause or permit to be used for any public purpose the said encroached portion .re <<,cet . tncr this agTeement shall be automatically canceled and terminated. 11. Grzn'ee 3;,ees to comply fully with all applicable federal, state and local laws, statutes, codes or regulations in connection with the construction, operation and maintenance c,, slit. _roa:.nmcnts and uses. 12. G-­T,.;,e agrees m pay promptly when due all fees, taxes or rentals provided for by this a7-,V federal, state or local statue, law or regulation. 13. Cr3,r.ee covcr,.ants and agrees that it shall exercise all rights and privileges granted hereunder as an .--dc�)enden� contractor, and not as an officer, agent, servant or employee of City; that exclusive control of and the exclusive right to control the details of its operat,o-.s and ac1,ivit,es on said described public property and all persons performing same, and o!cil, responsible for the acts and omissions of its officers, agents, servants, employees, tactors, licensees and invitees; that the doctrine of respondeat superior shall -,ot a-1, -,._yas bctwcen City and Grantee, its officers, agents, servants, employees, contractors and s bco:,t-actors, and nothing herein shall be construed as creating a partnership or joint enterprise nn }e~, c-,i C i Grantee. ` ��+�;! � l<1 CONSENT AGREEMENTFor Tempor use of Dubuc propeNy� 1 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AN1) DOES M-R-En INDENIIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY A-N-D ALL CLALNIS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY. CNCLUDLNG DEATH, TO A-NY AND ALL PERSONS, OF WHATSOEVER KIM) OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NIAIN'TEN:ANCF-, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACIJmENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WHOLE OR Pk-R F, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, ENI PLOVEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CIT`_'; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIF3ILITY ')F CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CL:�IMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITANIS RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AN7) .ALL INJURY OR DAAIAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION «1TH A-NN' AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, I_ICESNEES, INNrITEES OR TRESPASSERS. 1J. Grantee agrees to furnish City with a Certificate of Insurance, nam:ing City as holder, as proof that it has secured and paid for a policy of public liability Inst ranee c,:\Cr-.ng public risks related to the proposed use and occupancy of public properl as '. aed ane described in Exhibit "B". The amounts of such insurance shall be not less chat ;h i�llu..:ng Property damage, per occurrence S 100,000.00 Bodily injury, per person S250,000.00 Bodily injury or death, per occurrence 5500,000.00 With the understanding of and agreement by Grantee that such insurance a;r;our:> s'--ia1. upv and at City's option and that Grantee shall so revise such amount imrncc13'e:,. notice to Grantee of such requirement. Such insurance policy shall p-o :de ''r t canceled or amended without at least thirty (30) days' prior A-ritten notice ld ' ITV 0E C; ,+` COKsc'h'7 nGREcrt,Ett-- ,r ci cne (;. o;' i o:f \Vorth. A copy of such Certificate of Insurance is attached as Exhibit "A". a similar Certificate of Insurance annually to City on the anniversary case ,: ° :ec.:; c o, this agreement. ala-.ccs, binds and obligates itself, it successors and assigns, to maintain and keep in iorce s.;cl 7..,tlic liability insurance at all times during the term of this agreement and until the of a;', and the cleaning and restoration of the city streets. All insurance shall include coverage of all Grantee's contractors. 16. G:-;,;.., and agrees that rt will not assign all or any of its rights, privileges or duties ender :; s cort-a�t ,vithout prior ��Titten approval of City, and any attempted assignment without such p:nor .L-iC,en approval shall be void. 17. _Fhlc shall be binding upon the parties hereto, their successors and assigns. 18, S`i ,.. c. a:i action, whether real or asserted, at law or in equity, arse out of the terms and cenciit.>ns e '1-,:s agreement or out of the use and occupancy of City property as permitted ,crcu7�_ic , vc:,_e ;or said action shall be in Tarrant County, Texas. 19. L, .nv ,c,ion bought by City for the enforcement of the obligations of Grantee, City shall be -ccovcr Interest and reasonable attorneys' fees. 7� ,;Iis S day of ( eeo Te✓ lti el 2005. r 0R.y:`.i O1: GRANTEE: i-iTY D-F "OP F V,'ORTH 4'f PS��Qf��� Title 6 CONSENT AGREEMENTfor Temporary use of public property f j' � 0 l-'0P_%l AND LEGALITY: sAttornev Date Date CONSENT AGREEMENTtor�amoraryvwot.pubiL�grmo m i STA I-E OF TERAS COL„N'TY OF T4RRAA1T BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared ,known to the to be the person whose Barrie is srcbscrib ed to the foregoing instrument, and acknowledged to the drat !tc�yhc executed the same for the purposes and consideration therein c°tprr>s,c°d, as the act and deed of n cd, , and zrn the capacity, therein stated. GI L`':,V L"NDER MY HAND ND SEAL OF OFFICE this day 2V . ,•�ffta,; Titic Notary Public in and f The State of Texas R. G. NAREZ Notary Public,State of Texas My Commission Expires September 10, 2009 8 �ITIV il E El y i STA TE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notar � u ec in and For t re tate f Texas, on this day personally appeared ��' F ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she c ecu ted the same for t e purposes nd onsr eration thgref'n expressed, as the act and deed of f,jWa,Jne, and in the capacity therein stated. V GI i�EN UNDER MY HAND AND SEAL OF OFFICE this —� day of J7�, Lt•� , Zp U 6 V- - AJfia,�rt Title Notary Public in and for The State of Texas JENNIFER L. RASH Notary NMk a State of Texas Comm. Expires W25-Wff 9 �f"�'kZ-O- ICS Iv1cs-?f— , r Contractors Name: Point of Contact: �'� 1 Don rf nc. -}-�� n n n Phone Number: Z(t{-(a (,,- 3-117/ Building Permit Number: /uo ern r Purpose for Closure: Ma A i Begin Date: 'I-j 1 - D(p End Date: t D- g° -D& Type of Taper according to posted speed limit: Tapers @ 30 MPH l Oft Offset 30ft minimum Tapers @ 35 MPH 1 Oft Offset 35ft minimum Tapers @ 40 MPH l Oft Offset 40ft minimum r FF {y,vilE l'li 3 Df�5 J I boa �f� bnAVS Lk P3' !: "r'S o APP IC REC IV CALL FOR AND AN INSPECTION AFTER ALL APP t0 RIATE BARRIERS OR OBSTRUCTIONS ARE N LACE. �v CSS OJ 05 CIO e o8Z 8nd o v� , O- a CIN N o�� e : 1,57 /Z7112006 Ti.1'1B 8 : 20 AM To : @ 1972923-9444 _ Page : 001-002 CERTIFICATE OF LIABILITY INSURANCE 0612312006 Rco�cEr; (972)423-1010 FAX (972)423-5662 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION The: Roy Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 801 East Plano Parkwa HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVV. S1jite 140 I I Plano, TX 75074-6774 INSURERS AFFORDING COVERAGE NAIC q ;s,Fen BrD70Te Restoration �, Waterproo ung I+=�E�� Illinois National Ins: Co. 214 N. College rwEFs Mt, Hawley Insurance Co. V'axahachie, Tx 75165 Texas Mutual Insurance Co. ndS1_�E�E T)-l'=POLICIES C=INSURANCE LISTEC BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY P.EQVR°VENT TERM CR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR F.Ak:Y PERTA;IJ.THE INSI RANGE A.-FORDED BY THE POLICIES OESCRtBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH PCUCIES.AGGREGATE L.'MITS SCOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. A�9OL— TY>E 0�wSUtU.NCE POLICY NUMBER P ICY ! Y K r LIMITS GENERPL LIA6ILRY CDOIOGO27 10/09/200S ' 10/09/2006 X :CnnEcpoL 'EIJEctiLA�,T, I : >d.,_.„_ f 100_,00 [T BLANKET ADDITIONAL 5,000 A INSURED PER Al 'I - 1,0001000 X Blkt Waiver/Subro. WRITTEN CONTRACT 2,000,00 - Lx ~AuteMceLL uaatlTv ACV950608 10/09/2005 10/09/2006 y,Flr,Ep_n:::L_UMI- X 1000 00 A X 81anket Addl . Tns. I i I Fere'=:- r.,!_.p X Bl kt NiaiverJSl�bro. � I {F°"r-ca°" GARAGE LI61L:r :_'•. :�:� c--_ •:t. -- _ -- -- - ---- EXCESSRAde.RELLAUASIUT! MXL0359264 10/09/200S 110/09/2006 e f 1,000,000 y � - x I� L._ -�n�I.1•�_1:4�C' I I L .�!'C:L 1 000,000 B I T `4 WGPo`ERS CONPENSAPON AND TSF0001101009 10/09/2005 10/09/2006 X t:,;, �•._ , �_� C AN ,_cc,FT:,�,c c.TyTr e..l . C .,. Lr- 500,000 BLANKET WAIVER OF 500,044 SUBROGATION5 0 0004 - �TT4ER .... I )GSC�kTCN0=0PE0.ATK—ILOCATIONS/VFHICLE9I C USiONSADDEDBYE RSEMEWISPECIALPRWSIONS he City of Fort Worth, its Ot�f�cers and Em* ogees are named as Additional Insured per written contra 'giver of SUbrogation applies in favor of the City of Fort Worth. ;ER'TIFICAT�HO DER CANCELLATION $MOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IXPIRATIONDAT6THFRfOF,THS ISS LANG INSURERWILL ENDEAVOR TO MAIL City of Fart Worth --ti_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TµE LEFT. Street Management Section EUTFAILURETOMAIL SUCH NOTICE SHALL MPOSE NO OBLIGATION OR L"Vry 311 West 10th St. OF ANY KIND UPON THE IN9URER.ITSAGENTSOft REPRESENTATIVES. Fort Worth TX 76102 AUTHORLTED REPRESENTATIVE C.J. Roy V.P. CFC CRR 4CORD 25(2001108) FAX: (972)923-9444 (DACORO CORPORATION 1988