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HomeMy WebLinkAboutContract 36570CITY SECRETARY �3t 5�((� CONTRACT NO. CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COiINTY OF TARRANT THIS AGREEMENT is made and entered into by and beriveen the City of Fort Wor•ih, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Building Official, here�in'afler referr ed to as the "Cily" and cJe-a�l T IVG'�JeVe'rTl�e' Acting by and through its duly authorized agent, hereinafter referred to as "Grantee". VVITNESSETI-I: 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-of4ay as follows: The location and description of said encroachment is more particuiar•ly 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 he 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, CONSENT ACR EEMEVTfor Temporary us= of public properlyi dac 01-29-08 PO4:52 U 3. iJpon expiration %J this agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in, tinder, 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 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 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 and additional amount equal to such additional cost as determined by City. 6. The term of this agreement shall be for days, from _ � to Q , 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 North, this agreement shall terminate. 7. it is expressly understood and agreed that this Consent Agreement is for a temporary encroachment in, antler, over and upon the public property as located and described. in Exhibit 2 CGNSFPfT AGREEk1ENTior Temporary use of public properiyt.doc 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 firll and unrestricted right to enter upon all public rights -of --way for the purpose of making inspections to determine compliance with the teens, 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 -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 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 City. 3 CONSEtJr AGREEMENTior Temporary � use of pu6!ic property5.doc IlVDEMIFY, HOLD HARMLESS AND 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 SAM 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 ASSUMES 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. 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 "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 S5003000.00 �,'ith 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 5 CONSENT AGREEtAENTfor Temporary a<_a of public propart/1. dor. 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, 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 he void. 17. This agreement shall be binding upon the parties hereto, their• successors and assigns. 1 d. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions 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. [n any action brought by City for the enforcement of. the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. EXECUTED this day of �_ ��(, , 200� GRANTOR: CITY OF FORT WORTH Bui (ding Official GRANTEE: Title CONSENT AGREEtdENTfor Temporary use of public property ire APP R VED T - RNi AND LEGALTTY: Assistant City Attorney 1 ^ City Secretar O M&C REQUIRED (Mob Date CONSENT AGREEMENTfor Temporary use of FLblic rr�f TA7'E UYF TEXAS MZAEMAM 1 BEFORE �i1E, the nnrlersigraerl rrrcthority, a Notrtry Public in and r fie t to of exas, ort this clay personally appeared ,Icnojvn to me to he the person ivliose Warne is subscribed to tlae foregoing instrrernent, and acknowlerlgerl to me that he/she executed the same for tl urpos s fnid considerati it Pherei expressed, as the act and deed of f anrd in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL DF' OFFICE this of L , 20-0: . Affiant 1 �I!L4C�Dd al rf Title Notary Public in and for The State of Texas — day R. G. NAREZ Notary Public, State of Texas My Commission Expires September 10, 2009 BEF®RE ME, the untlersignerl authority, rt Notary public in «nzl For the State of Texas, on this d«y personally appeared fG• rwj' 9 owfjerwr ,known to the to he the person whose name is subscribed to the foregoing instrument, and acknowledged to zne that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of 52&T ' G'dour rend in the capacity therein stated. GI _I!r UNDER tYl HAND AND SEAL OF OFFICE this clay of 20A . JANELLE MGELYEA N®try ��blic, �tat� of T®xas My commission 5xplres August 21, 2010 tVota �'reblic in and for The ate of Texas HAWFAIMIMIJ TEMPQRARY OCCUPANCY OF PUBLIC STREET FEE- �STo� �3s Contractors Name: DCO r rjv Point of Contact: IZ ta.l� Phone Number: Z'/ 7 - 7 81 Building Permit Number: Purpose for Clos Ou.w wry 7 Begin Date: End Type of Taper according to posted speed limit: Tapers@ 30 MPH 10ft Offset 30ft minimum Tapers @ 35 MPH loft Offset 35ft m;mmnm Tapers @ 40 MPH 10: t Offset 40ft minimum Y 17 1� i PRODUCER 817%347-7069 Higginbotham & Assoc., Inc. P O Box 908 Fart Worth, TX 76101 INsuRED Scott �lennett Construction, LC 2313 Cullen St. Fart Worth, TX 76107 DATE (MMtiTOTYYYY) 05/02J07 THIS CERTIFICATE tS ISSUED AS A MATTER bF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORQING COVERAGE NAIC ## INSURER A: Republic Lloyds 19208 INSi1RER S: Republic Underwriters Ins Co 24538 INSURER D: RfSURER E: THE POLICIES OF INSURANCE LISTED BELON! HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOW11THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA Y E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMSt EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD1- -- - - D TCY EPFEGTIVE POLICY EXPIRATION LIMITS LTR NSRSR TYPE OF INSURANCE POLICY NUMBER A GENERAL LIABILITY TXP564640801 04130107 04/30/08 EACH OCCURRENCE $1 000 000 X COMt?ERCIAL GENERAL LIABILITY DA,iAGE TO REf.(TEDs $1 aa,aaa MED EXP (Arty ate pers rt) $5 000 CLAIMS MADE ® OCCUR PERSONAL 8 ADV INJURY - $1 000 000 GENERAL AGGREGATE.-.. $2 o0a aaa - GEN`L AGGREGATE LIMIT APPLIES PER: POLICY PRO- EGT LOC PRODUCTS-COMP<OP AGG $2 00a 000 AUTOMOBILE LIABILITY ANY AUTO TCAS64640901 04/30/07 04/30/08 COMBINED SINGL LIMIT (Ea ecadent) $11000t000 ALL OWNED AUTOS _.. - SCHEDULED AUTOS BODILY INJURY (Pet Pems i X X HIRED AUTOS - - - X NON-O'h`NEO AUTOS BODILY INJURY (Per c c;adent) PROPERTY DAMAGE (Per accident) � GARAGE LIABILITY AUTO ONLY • EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S B EXCESS/UMBRELLA LIABILITY X _ OCCUR El L'LAMIS MADE UMB564641001 04/30/07 04/30/08 AUTO ONLY: AGO EACH OCCURRENCE S sS D00 000 AGGREGATE sS 000 000 s DEDUCTIBLE s RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH- -.. T_�- ANY PROPRIETORfPARTNEWEXECUTIVE - E.L. EACH ACOIDEW S OFFICER1i,IEMBER EXCLUDED? N yyees, descnL+e 43iidei SPECLA.I, PROVIStONS b:.:vx OTHER E.L. DISEASE - EA EMPLOYEE $ El- DISEASE • POLICY LIMIT S DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS City Of Ft Worth !aaa Tnrackmartan Fart wartsTX 76102 , LA ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOFN , THE ISSUING I SURER WELL ENDEAVOR TO MAIL DAYS WRiT'TEN E TO 7HE GERTIFICAT}; HOLDER NAA9ED TO THE LEFT, w SO SHALL :E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED RD 25 {20a1/08} 1 of 2 #820034diM200342 K o AGORD CORPORATION 1988 ACO `DU CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE DATE AC07-10700091-51-562800 PRODUC08/08/2007 10:69 All Highpoint Risk Services LLC ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ighpONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 14160 Dallas Parkway #500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dallas, Tx 75254 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (800) 632-5096 Fax: (972) 404-4450 INSURERS AFFORDING COVERAGE INSURED: DALLAS NATIONAL INSURANCE COMPANY SCOTT DENNETT CONSTRUCTION, L.C. INSURER A: 2313 CULLEN STREET INSURERB: FORT WORTH, TX 76107 INSURERC: (817) 882-9420 Fax: (817) 882-9424 INSURERD: INSURER E: l.lJ V t KHU tJ THE PQLICIES OF INSURANCE LIS"rED 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, INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIO" LTR DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR FIRE DAMAGE (,Any One Fire) S MED EXP (Any one person) S PERSONAL & ADV INJURY S GE14ERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- LOC PRODUCTS - COMP/OP AGG S AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) 5 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) S HIRED AUTOS -- NON -OWNED AUTOS BODILY INURY (Per accident) $ PROPERTY DAMAGE (Per accident) S - _ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S -� AUTO ONLY: AGG $ EXCESS LIABILITY _ OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE $ RETENTION S S A WORKERS COMPENSATIO14 AND EMPLOYERS' LIABILITY DWCO2000205 - 08/10/2007 08/10/2008 X WCSTATU- To OT H- E.L. EACH ACCIDENT S 1000000 E.L. DISEASE - EA EMPLOYEE S 1000000 E.L. DISEASE -POLICY LIMIT S 1000000 OTHER LIMITS S LIMITS S -,� DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 1. Insu.red is afforded Workers Compensation & Employers Liability as a co -employer under the policy for employees leased from Odyssey. 2, Certificate Holder is provided with a waiver of subrogation where required per written contract- ----�r--T— -� RTI ADDITIONAL INSURED; INSURER LETTER: CITY of FORT :NORTH 1000 THROCICQORTON ST_:EET FORT '.�ORT3, T?_ ?610%c311 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL :'�� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. _ ' AUT HORIZED REPRESENTATIVE - - - acoRO zs-s ��is,�) © ACORD CORPORATION, -,1981 L