HomeMy WebLinkAboutContract 354600
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CONSENT AGREEIvLENT
FOR
TEMPORARY USE OP PUBLIC PROPERTY
STATE OF TEXAS
COTJNTY nF TARRANT
THIS AGREFMENT is made and entcred into by and 6eriveen the City of Fort 1�Voz-fh, a
municipal coiporation of Ta�rant County, TeYas, acting herein by and through its du[y authorized
Biiilding Offici�l, I�ereinafter referred to as the "Citv" and
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Acting by and through its duly authorized agent,
Hereinafter referred to as "Grantee".
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W11'NES�1:1'�I: �
For and in considerafion ofthe payment by Grantee of charges set out be(otiv and the true and
faithfiil performance of the mutual covenants herein contained, City hereby grants to Gi�itee
permission to temporaeily encroach upon, uses and occupy po�tion of the space under, on and/or
above the st�-eets, alleys, sidewa(ks or other public rights-of-way as follo�vs:
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"1'he location and descripfion of said encroachtnent is moi•e particularly describecl in Exhibit "B"
attached hereto, incorporated herzin and made a part hereof foe all purposes. �
2.
All use and occupancy of public strect, alicys, sidctivalks or othcr public rights-of-�n�ay under !
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this aareement shall be in strict compliance with tlie Charter, Ordinances and Codes of ti�e City ! i
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and in accorciance with the directians of the Building Officiaf and the Director of Transportation
aud Puolic Works of City. �
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1
CONSENT A6REE?A[Nffor Ter�orary uss nf pu66r property7 r;;c
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3.
TJpon expiration of this agreement and the privileges granted hereunder, there shall be no
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encroachciient by Grantee in, under, on or above the surface of the public rights-of-�vay invo(��ed. ;
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4.
Grantee agrees to pay in advance an encroachment fee for the temporary privilege of
eticroaching upon a portion of the pub(ic rights-of-way as descril�ed in E�iibit "B". Said fee is
calculated in tlte manner and amo�ints prescrihed hy the Building Code of the City of F�rt Worth '
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for temporary use or occupancy of public property. "I'he estimated total amouni of said Pee is: ;
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SI AGwar�1�_ f • �i�1 �1�-th� �`_��_f__�_Z ) = � �__�'
.03 ly� (lZ _ ' .�l��I� (��
f r"�-�-� �.� �' ir? `f �: z+�
5.
Grantec, at no expense to City, shall make proper provision for the relocation and/or
installation of any existing or future traffic control devises or other improvements affected by
sucli encroachment, use ai�d occupancy, including the securing of approval and consent from the
appropriate agencies of the State and its po(itical si�bdivisiuns. Iu [[�e event tha� any installation;
reinstal(ation, re(ocafion or repair of any existing or fuhire tra�c control device or improti�ement ;
o�vned or constructed by or on behalf of tlie public or at public expense is made more cost[y by
virtue of the existence of such encroachtnent and use, Grantee shall pay to City and additional ;
amount equal to such additional cost as detertnined by City.
6.
The term of this agreement shall be for �� days, from ___( ��_ to %� _,
Provided, however, should the need for the encroachrnents 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 Cily of Fort Wortli, tliis agreement shall terminate.
7.
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ft is expressly understood and agreed tl�at [t�is Consent A�reement is for a temporary ,
encroachment in, under, over and upon the public property as located and described in Exhibit
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2
CONSfvT AGRF��7�7JTrorTemporary uV of p�'ic proper,yl.dcc � .
"B". Tliis agreement shall not be construed as tlie grat�ting of a pernianent easement,
encroachment or license upon City's public streets, a(lcys, sidcwalks, or other riglits-of-way.
8.
City, through its duly authorized representati�res, shal! have the full and unrestricted right to
enter upon all public rights-of-way Por die purpose of making inspections to determine
compliance �vith the terms, covenants and conditions herein. In the event that any inspection
should reveal a breach of any ternts, covenants or conditions herein, City shall gi��e Grantee
noLice of such breach. 511ou1d such breach not be corrected by Grantee ���ithin t�venty-four (24)
horirs of receipt of the notice, or within such shortei• period of time as deemed necessaiy by the
Building Of�cial for the protection of public health or safety, City may terminate and cancel this
agreemetit.
9.
Upon expiration or termination of this agreement for any reason tivhatsoever, Grantee shall, at
❑o expense to City, restore the pub(ic rigl�ts-of-�vay and adjaceitt supporting slruciures Lu a
condition �cceptable to the Dicectoi• of'Cransportation and Public Works or his duly authorized
representative and in accordance with then existing City specifications, and G-antee sha(1 remove
all barricades, eyuiprueut, supp(ies, materials or other property fi�om said location. Grantee
further covenants and ab ees tiiat for a period of one (1) year after the termination of this Consent
Agreement, Grantee �vill repair all conditions or damages to the sti•eets ancl side�valks or other
rights-of way that have resulted from Grantee�s use or occupalicy of the sn�eets and sidewalks or
othec riglrts-of-way, 1s determined by the Director of Transportatiou and Pubiic �Vorks or his
dcsignee. Grantee agrees to begin such repairs �vithin thirty (30) days of receipt of notice from
the Director of "Transportation and Public Works or his designee. All repairs shal( bc pci�os•med
in an expeditious and workman(ike mannzr and shaU comply with all applicable laws, codes,
ordinances and Ci.ty specifications.
In the eveni t(iat Grantee fails to comply �n�ith the covenants herein contained with respect to
such rernoval or restoration, the City sftall have ilie right to remove or dispose of ar�y barricades,
eyuipment, supplies, materials or other property and repair any conditions which in the opinion of
the City are necessary to t�ring the public ri�hts-of-�vay to the cozidition prescribed hereir�, and
City shall not be responsible for trespass or any other damage or liability in cotlnection with such
removal or restaration. Grantee shall reimburse City for the cost and e�per�se of sucl� removal
and/or repairs iirimediately follo�a�ing billing for sa�ne by City.
3
CONSEtJr Ai;REER1Et77tar Tem�arary:�se of �,.>r<r_prop�iyt rtoc
Nothing herein shall be construed as a waiver by City to enforce penai sanctions prescribed
by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's cantinued
encroachment upon the public ri�hts-of-way following termination of this Consent Agreement.
l �.
It is fiirther understood and agreed bettiveen the parties hcreto that City holds tlle city streets,
alleys, sidewalks and other public rights-af-way, including tlie portions of sucli streets t�sed and
encroached upon as described herein, as trustee for the pu6lic; tltat City eYercises such powers
ovcr t}ic streets as have been delegated to it by die Constitution of tlie State of Texas or by the
Legislature; and the City cannot contract away its duty and its legislative power to control thc
streets for tl�e use and benefit of the publia lt is accordingly agreed fhat if ihe governing body of
City, to wit, its City Council, shall at any time dnring the terrn liereof detetrnine in ics sole
discretion to use or cause or parmit to be used for any public purpose tfte said encroached portion
of the streets, then this agreement shall be automatically canceled and terminated.
11.
Grantcc agrecs to complv fi►Ily with all applicahle federal, state and local laws, stat�rfes,
ordinances, codes or regnlations in connection �vith the construction, operation and maintenance
of said encroachments and uses.
12.
Grantee agrees to pay promptly �vhen due all fees, taxes or rentals pcovided for by this
agreement o�� by any federal, state or local stahie, ]aw or ceg�tiation.
13.
Grantee covenants and agrees that it shall e:cercise all rigl�ts and privileges b anted hereunder
as an iiidependent contractor, and not as an oFficer, agent, servant or employee of City; that
Grantee shall have exchisive control of and the exclusive rig6t to conti-ol the details �f its
operations and activities on said described public property and al( persons performing same, and
shall be solely i•esponsible for- the acts and omissions oi its o�cers, agents, servants, einployees,
contractors, subconiractors, licensees and invitees; thaC the doctrine of respondeat superior shall
not apply as beh�een City and Grantce, its officers, agents, servants, emp(oyees, contractors and
subcontractors, and nothing herein shall be construed as creating a partnership or joirlt enterprise
behueen City and Grantee.
4
Cfj�1SENT AGREEMENTta Temporeq• use cf pudic propertyt_doc
14.
GRANT�� COV�NANTS Ai�ID AGREES TO II�ti)Fi�'[�TiFY, AiVD DOES HEREBY
INDElYIDFY, AOLD AARMI.ESS Ai�1D DEFEND CITY, I'TS OFFICERS, AG�NT�,
SERVANTS �iND �1yLPLOYEES, TROM A.i�TD AGAP1IST ANY Al�'D ALL CLAIViS OR
�UiTS FOR PROP�RTY DA�AGE OR LOSS AND/OR PERSONAL INJiJRY,
CNCLUDING DEATH, TO ANY AND ALL P�RSON�, OF SVHATSOF,VI;R KIND OR
CHARACT`�R, �VFIE'1`HER REAL OR ASSER'1'El�, A�21�lliIG OUT OF OR IN
COIVNECTIOi+i �'ITH, DIRECTLY OR [�T��CTLY, THE IYLAII�TE�t'�i�1�E,
OCCUPANCY, USF,, EXISTENCE OR LOCATIOlV OF SAID Ei�TCROACHIVIENi' AND
USES GRAl'+iTED H�AEU1YDElt, WHETH�R OR NO�' CAUS�, IAI WIIOLi OR P_ART,
BY ALLEGED NEGLIGENCE OF OFFIC�RS, �G�NTS, S�RVANTS, ��"LOYEES,
CONTRAC3'ORS, SIJBCONTRACTORS, LI�ENSEES OR INVITEES OF CITY; AYD
GRANTEE H�R�BY ASSUIiES ALL LIA�II.ITY AND RESPONS�ILITY OF CITY,
ITS OFFICER�, AGl�NTS, ��RVAN`C� AND E1V�YLOY�ES, TOR SUCH CLAIMS OR
SUIT�. GRANTEE SHALL LIKEWI�E AS�iJME E1LL LiASI[,iTY Al�lll
RESPONSISILITY AND SHALL INDE�IIVIF'�' CITY FQR ANY ANT3 ALL �J€JIZY OR
DAiV[AG� TO CITY YROP�R�`Y, ARISI`dG OUT OT OR T�t CnNNIECTTOI�I iVITH
ANY AiVll ALL ACTS OR ONII5SI01'�S �F GRANTl1E, PIS OI�'FIC�1�, ACULNTS,
�ERVANTS, �MPLOYE�S, COIVTRACTORS, SUBCONTRACTORS, LIC��I�E�S,
INVITE�S OR TR�SPASSERS.
1 �.
Gra�itee agrees to fiirnish City with a CertificatP of Insurance, ilaming City as certificate
holder, as proof that it has secured and paid fui- a pulicy of public liabitiCy insurance covering all
public risks related io the proposed use and occupancy of pub(ic proper-ty as located and
described in E�ibit "B". The amounts of such insurance shall be not less that the following:
Property damage, per occiu rence $100,000.00
Bodily inj�iry, perperson $250,OU0.00
Bodily injury or death, per occurrence SS00,000.00
W ith the understanding of and agreement by Gran�ce lhat such insurancc amounts shall be rcvised
up�vard at City's option and that Grantee shall so revise st�ch amount immediately follo�ving
notice to Grantee of such requirement. Such i�lsurance polic}' shall provide that it cannot be
canceled or arnended tivitliout at least thirty (30) days' prior written notice to the Bttilding OFficial
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Cfp1SEtJTA3P.EEtAENTlarTemFn-�r�useo'puhlicry-opert��7 dnc
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of the City of Fort Wortl�. A copy of such Certificate of Insurance is attached as Exhibit "A"_
Grantce a�rees to subrnit a similar Cerfificate of fnsurance annually to City on thc anniversary
date of the e:ceci►tion of t(iis agreement.
Grantee, agrees, binds and obligates itself, it successors and assigns, to maintain and keep in
force such public lia6ility insurance at all times during the term of this agreenient and until the
removal of a(1 eneroachments and the c(eaning and restoration of thz city streets. All insurance
coverage required herein shall include coverage of aU Grantee's crn�tractors.
16.
Grantee covenanfs and agrees t(�at it will not assi�n all or any of its ri�hts, privileges or dutles
under this contract without prior written approval of City, and any attempted assignment without
such prior �vritten approval shall be �roid.
17.
This a�•eement shali be binding upon the parties herefq their successors and assigns.
18.
Should �ny action, wheiher real oc asserted, at law or in equity, arise out of the terms attd
conditiotts of this agreement or out of the use and occupancy of City property as permitted
hereunder, ven�ie for said action shall he in Tarrant County, Texas.
19.
In any action brought by City for tl�e enforcement of the ob(igations oPGranlee, City slta(( be
entitled to recover interest and reasonable attorneys' fees.
EXECUTED thi�.!'_ day of
GRANTOR:
CITY OF FORT WORTH
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Building Official
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CONSENT AGREEAAENTfor Temxrzr� use o( pcdic propertyl.Cac
`� OVLD TO F �I AND LEGALTTY:
I����QX ti ' �,'i��l �a"`���_
Assistant City Atto ey
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Date
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Date
CODISENT AC-REEMEUTter Tempo�ary use of cu6fic Weceriyl.coc
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fU� ?�''�J'1�L�Ilp U�G'�u
STATE OF TEX.4S
C�U1�TY �F TA�ZRANT
BEFORE ME, tlie rrndeYsig�aed �rcclhority, a Notary Public in an�l
Fp� �fi'e St o T �rrs, ori f/ais rlay peYsor�atly appearerl
�%�� ,knoivrt to nre to be t�ie peYson taftose
narrze is subscrzbetl to tlae foregoittg instt�citnertE, and recknotiv[e�lged to me
that die%lie execr�ted tlae stshie fot� � -utposes rnd cof�sid ratio.rt 8cereif2
expf�essed, as tJze uci arad rleed o �-- � �,
«n�l in the crcp�ccity tFceYein staterl.
IVF.N UNDEX 1t�lY NAND AND SEAL ()F OFFICE this �_�._.__� �lay
of 20 �.
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Affttcnf � �� � I
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�Vata�y Pzrblrc r� anrl f�
The State of Tex[rs
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1I `,`J�_.�;, �,,�,,,, V �R. G. iVAR@Z .=_---
_ = Notary Public, State of Texas
; q�;�`,; My Commission Expires
'��.,',;�F��;.�� September 10, 2009
�`TATE OF TE�YAS
C'OU�'7'Y OF TARRANT
BEFOIZE�E, tlte utade��sig�ed authot�ity, rrNofrtYy�ctblic ift nn�l
Fot• t e St�rte nf Te.r�rs, on tlt�s day pef•sorcrclly appeared .Sce t-t—
�`�a✓� � ,knawn to me to be the perso�: wliase
nc�fne is srtbscribed fo t/te foregoi►tg instrrt�rze»t, anrl rcckrzowleclgerl to ��te
t�'i�rt lrelshe executed tl'ie same for llie pr�r�oses and co�zsideYafian tlrerei�z
expressed, us tFie act and �lee�l of .S��osT �exr�.�r r Co-�Ta2 u'ct�-aJ �
�znd in t{ze c�lx�city tl3erein st�rted. �
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GIVF_N U D� R�YIY�IAND D S�AL OT OFFICE this � rl�cy
o.f 20�
a,� ,..�� �--_— - - —=--
�j�- ';"'",',,• JANELLE MCELYEA `. ,�
Va. ,t nqa ;o
° �' °��;��'' f�lotary Public, State of Texas �
�� �; , 2Ay Commission Expires
"'''%;; �� �,,,;�;�� August 21, 2010 �
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TGAAPC�RAfl Y OC�P �Y �� �� �
MORE T1�i^N 3 �AY� � �� ����?�.. X ��
SIDEWALK �iE– � -
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Contractors Name: �' i � 1'A� ' ° `
Point of Contact: �
Phone Number• '
Building Permit Number: ' 7� �' — '
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Purpose for Closure: � ` �
Begin Date: ��— - �`„' End Date:��'��
Type of Taper according to posted speed limit:
Tapers @ 30 MPA lOft Offset 30ft minimum
Tapers @ 35 MAH lOft Offset 35ft minimlun
Tape�s @ 40 MPH 10$ Offset 40ft minimum
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ACORD�, CERTIFICATE OF LIABILITY INSURANCE o5;a2,a;°"�'"'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
817-347-7069 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Higginbotham & Assoc., Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P O Box 908
Fort Worth, TX 76101 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA: R@PUbI1C LIO}IC�S �92OH
Scott Dennett Construction, LC iNsuReR e: Republic Underwriters Ins Co 24538
2313 Cullen St. iNsuReR c:
Fort Worth, TX 76107 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.
IN R DD' POLICY EFFECTIVE POLICY EXPIRAT�ON
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MMlDD/YY LIMITS
A GENERAL LIABILITY TXP564640801 04/30/07 �4�3���$ EACH OCCURRENCE $� QQQ QQQ
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $� OO OOO
CLAIMS MADE a OCCUR MED EXP (My one person) S5 �QQ
PERSONAL & ADV INJURY S� OOO OOO
GENERALAGGREGATE SZ OOO OOO
GEN'LAGGREGATELIMI7APPLIESPER: PRODUCTS-COMP/OPAGG 52 OOO OOO
POLICY �ERa LOC
B AUTOMOBILE LIABILITY TCA564640901 04/30/07 04/30/08 COMBINED SINGLE LIMIT
ANYAUTO � � � - (Eaaccident) 51,000,000
ALL OWNED AUTOS �
BODILY INJURY �
X SCHEDULED AUTOS (Per person)
X HIRE� AUTOS
BODILY INJURY �
X NON-OWNEDAUTOS (Peraccidenq
PROPERTY DAMAGE S
(Peracddent)
GARAGE LIABILITY qUTO ONLY - EA ACCIDENT 5
ANY AUTO EA qCC 5
OTHER THAN
AUTO ONLY: qGG 5
B EXCESS/UMBRELLA LIABILITY UM6564641001 04/30/O7 04/30/08 EACH OCCURRENCE SJr ��0 ���
X OCCUR � CLAIMS MADE AGGREGATE SS OOO OOO
S
DEDUCTIBLE �
RETENTION $ 5
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $
if yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 5
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
TE HOLDER
city of Ft wortn
1000 Throckmorton
Fort Worth, TX 76102
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WiLL ENDEAVOR TO MAIL ._3.p_ DAYS WRfTTEN
NOTICE TO THE CERTIFICATE HOLDER NAMm TO THE LEFT, BUT FAILUR� TO DO SO SHALL
IMPOSE NO OBLJGATION OR LIABILfTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR �
REPRESENTATIVES . � �. � . . � . �� � , .
IAUTHORIZED REPR� TATIVE
i7 �V Q.es�.a
ACORD 25 (2001/08) 1 of 2 #S200344/M200342
- , I
� o ACORD CORPORATiON 1988
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� (20011os) 2 of 2 #S200344/M200342