HomeMy WebLinkAboutContract 36564CITY SECRETARY
CONTRACT NO.
CONSENT AGREEt�NT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COiJNTY OF TARRANT
THIS AGREEMENT is trade 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 �gnncz,., Cor, S a..
c' ft .
Acting by and through its duly authorized agent, �„�, Sc-mot{- ,
Hereinafter referred to as "Grantee".
WITNESSETH:
For and inconsideration of the payment by Grantee of charges set out below and the trite and
Faithfitl 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-o&way as follows: _C:orn er p
The location and description of said encroachment is more pat•ticularly 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 6e 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.
01-29-08 PO4�50 IN
01-29-o89-9s9499r�
1
CONSENT AGREEMENTfor Temporary use of pubfic
3.
uMon 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:
S
Grantee, 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
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 firture 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 and additional
amount equal to such additional cost as determined by City.
6.
The term of this agreement shall be for fie® days, from /� ' 3 • �� to ' / • a8
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 Ceceipt of such notice by
the Building Official of the City of Fort Worth, this agreement shall terminate.
'1.
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
2 CONSEN7AGREEMENTiorTemporaryusaofpublic
i.doC
1% a i, P��.
` n W 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.
E�
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-o&-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
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 to 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 Cityl
VLI
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CONSENT AGREEMENTtor Temporary use of pu6e pr tdo'cil !i�
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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 upon the public rights -of --way following termination of this Consent Agreement.
10.
It is fi�rther 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 the 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, shall 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 statue, 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 respondent 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.
4
CONSENTAGREEMiENTfor Temporary use of pubic propertyl.doc
GRANTEE COVENANTS AND AGREES TO IN"-r vMUi -LU I, AND DOES HEREBY
INDEMIFY, HOLD HARI+✓II.,ESS Ai�1D 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,
CNCLUDING 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 CAUSE, IN WHOLE OR PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND
GRANTEE HEREBY ASSUYIES 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, LICESNEES,
INVITEES OR TRESPASSERS.
I5.
Grantee agrees to furnish City tivith a Certificate of Insurance, naming City as certificate
holder, as proof that it has secured and paid for a policy of public [iabilily 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 that the following:
Property damage, per occurrence $100,000.00
Bodily injury, per person �250,000.00
Bodily injury or death, per occurrence $5003000400
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 amount 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
INV
CONSENT AGREEfdENTfor Tempa ary use of public
of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit
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, it 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-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 assignment without
such prior written approval shall be void.
17:
This agreement shall be binding upon the parties hereto, their successors and assigns.
Should any action, whether real or asserted, at law or in equity, arise out of the terms and
or 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' fees.
GRANTOR: GRANTEE: <,,,�;, /I two
Tar✓a.nf Co**105�r��i.,�
CITY OF FORT WORTH 047:AOVr .' 14
Building Official
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ROVED TO AND LEGAI,TTY:
tom'
Assistant City Attorney
Ciry Secretary
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Date
9 U7 l." •�f`J1`�U0�
CONSENT AGREEMENTfar Temporary use of public propeAyi.zoc
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
F t e S o exas, on this day personally appeared
�ti.,tiJ ,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 andn ideration therein
expressed, as the act and deed of
and in the capacity therein stated.
IVEN UNDER MYHAND AND SEAL O,F OFFICE this
o f 1 24-CO .
Affiant
—/I%ld, �w c 044 rxet ac/
Title or
Notary Public in and for
The State of Texas
R. G. NAREZ
Notary Public, State of Texas
My Commission Expires
September 10, 2009
y
SIAT,E OF TLXAS _- _. _-- -- -- _-
COUNTY 4F T4RRANT _ __
BEFORE ME, the undersigned authority; a Notary Public in and
For the State of Texas, on this day personally appeared 1 M'
,known tome to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for�teh urposes and consideration therein
expressed, as the act and deed of
and in the capacity therein stated
I vEN (17YDER MY HAND AND SEAL OF OFFICE this � day
o f we . 7 , 20_;St .
Isa*�� 104;
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�'Yotary Public'in The State of as
and for
u
pp''''�y"- l�9r�PJCES E. SMITH
�'� � MY COMMISSIONEXPIFiES
or September 24, 2008
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Contractors Name$ %t'Q�� e .s .0
Point of Contact:Qa,}�,•-
Phone Number: - 33 -
Building Permit Number: t-
I Purpose for Closure: 5gh dam.,. do j7e;,
(� Begin Date: /2e 3 -pqL. Bnd Date:_ 0•�
Type of Taper according to posted speed limit:
Tapers @ 30 MPH,iafft Offset, 150' minimum
1e Tapers @ 35 NTH,1 Oft Offset, a05'mi9 n
Imum
Tapers @ 40 MPH,10ft Offset, a65`nummum
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�-- UST CALL FOR ��
a UR n� a�-ron �-t : APPLICANT M -r R
RECEIVE AN I BARRIERS OR �^� tONS
APPROPRIATEon 1
ARE IN PI CE'
Date: 12/6/2007
Time: 3:31 PM To: Cam Long/Marie Hughes @ 8173928105
Page: 002
AC®RD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDU/YYYY)
12/6/2007
PRODUCER phone: 817-299-3800 Fax: 817-299-3890 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
IBTX Risk Services Hurst ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
8701 Bedford Euless Rd., #450 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Hurst TX 76053
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA:Ad :iYal...ZnSuYancG--Ccm.?.-any _.___..-.--A.856-
Tarrant Construction Services II, Ltd.
_ -
INSURER&Un trin Insurance --_____-_-_-- 0-8-87_
2225 West Peter Smith - - �--------------- - - -- ----- -- -
Fort Worth TX 76102 INSURER cScottsdale Insurance Company_1297_
INSURER D: Texas_ I"�L1t-._Ins-_ CQ_....._...
....-------... ---------- ---- ----------- - 2 9 -- 5..
COVERAGES
THE POLICIES OF ZI15?II?ANCE LISTED BELOW HAVE BEEN ISSUED TO THE ENSURED IdAN.ED bBOVE FOR 'IrHE POLICY PERIOD INDICATED.
CANCELLATION
NOTWIT.4STANDINC ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T=IIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TILE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS .SUBJECT TO ALL THE
TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHC'607 MAY HAVE BEEN REDUCED BY PAID CLAIK.,S.
--- --- - --- — -- ----- T-- — - -- - ---
INSR pDD'L%
-_------�-POLICY EFFECTIVE POLICY EXPIRATION i__._____.__—__--_—_--____—_---------------------------
LTR NSRIX TYPEOFINSURANCE POLICYNUMBER
ppTE tANJpDNY DATEIMM/013"I LIMITS
A ! GENERAL LIABILITY CA00000411204
4/14/2007 t4/14/2008 ! EACH OCCURRENCE $ 1 000
- •
,_.,.000
GETO'RENTED...._......... .........
' COMMERCIAL GENERAL LI-DAhdA-'
:X--'- -1 LIABILITY
I IPREMISESfEaoccurencaj_---h-$50� 000__---'----
1X j
j I CLAIMS MADE OCCUR i
t 10EDEXP(Any oneparson ) i ">. EXCZu�EC?
'._--------- --- --- -------- •---' ......._.
PERSONAL INJURY $1 U00 000
-ERSONAL&ADV
! GENERALAGGREGATE $ 2 000 000
— ----------
r---------------- ----------------------- -
! GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS- CCAdP10P AGG $ 2 0 0 0 0 0 0
j POLICY 1- JECT LCO
I
B j AUTOMOBILE LIABILITY 1CAP001332901
i4/14/2007 :4/14 2008
/ j
COMBINED SINGLE LIMIT
S
I ANY AUTO
Ea21000,000
taccident )
1.X
---_.._.___------__.__.-_-- ---- --__------------- _.__
ALLOWNEDAUTOS
!
,-
BODILY INJURY ! S
j SCHEDULEDAUTOS
(Par person)
•
:..__...........!_
...................--...------------......._........
HIREDA
;X 'HIRED AUTOS
I
BODILY INJURY
I .X NEO auto&
(Par accidznt) '
,......;
I ......................'.'.'.......... ..............................
...................
I
PROPERTY DAMAGE
$
j (Paraccident) f
I GARAGE LIABILITY
1 ! AUTO ONLY EA ACCIDENT
ANYAUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG ! $
t✓ i EXCESSIUMBRELLALIABILITY iEX59739
�4/14/2007 !4/14/2C08 i EACH OCCURRENCE is 5 000 000
X OCCUR CLAIMS MADE
j AGGREGATE j $5 0 0 0 0 0 0
3
_
DEDUCTIBLE
!
'- --�
�g
F---------------------'----- -
!X ! RETENTION $10 000
! $
'WORKERS COMPENSATION AND TSF000849439
' WUSIAIU- OTH-;
4/14/2007 i4/4/2008 IX lTORYLIMTSER I0
i EMPLOYERS'l1ABILITY
ANY PROPRIETOWPARTNEWEXECUTIVE
j ! E.L. EACH ACCIDENT $ 1 000O O O
OFFICERlMEMBER EXCLUDEO'i
I EL, DISEASE -EA EMPLOYEE; $ 1 000 000
If yes, describe under
SPECIAL PROVISIONSW_law
El, DISEASE POLICY LIMIT ; $ 1 000 000
I OTHER
I
DESCRIPTION OF OPERATIONS I LOCATIONS; VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
11 policies excluding Wo kers' Compensation include
Additional Insured (when required in written contract) in addition
to Waiver of Subrogation on all policies in favor of
Certificate {older.
*10 Day Notice of Cancellation applies for nor. -payment
of premium*
I'he City of Fort Worth, its Officers and Employees are
included as ar. Additional Insured on the General Liability and
Automobile policies per policy form. Waiver of Suborgation
is included in fa -✓or of the s me on the General Liability,
utomobile and workeea' Compensation policies.
City of Fort VJart12
Street Management Section
311 td. loth Street
Fort. Worth TX 76102
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORE THE EXPIRATIONN DATE THEREOF, THE ISSUING INSURERIdTLL ENDEAVOR TO
[iATL �:iC DRYS IJKZTT'B:t Y30'I'TCE 'I'0 T:iE
CERTIFICATE HOLDER NAIfEB TO HE LEFT, BAT FAILURE T^v DO SC
SHALL IMPOSE NO OBLIGATION OR LiABTLITY OF ANY KIND 'UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTTiORIZEO
ACORD 25 (2001J0&) � 8 ACORD CORPORATION 19&8
Date: 12/6/2007 Time: 3:31 PM To: Cam Long/Marie Hughes @ 8173928105
Paqe: 003
Ilt�tI: "W &XVi � l"
if the certificate holder is an ADDITIONAL INSURED, the poticy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATIaN IS WAIVED, subject to the Perms 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.
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