HomeMy WebLinkAboutContract 30237 DEVE-LOPMENT CITY SECRETARY.
05/26!2004 11:32 8173928116 CONTRACT NO .
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
TWS 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
Qffici erinaf3er ref dA as the"Cityp"
acting by and through its duly authorizedd'�e
i
hereinafter referred to as
I,
For and in consideration of the payment by Grantee of the
charges set out below and the true and faithful performance of the
mutual covenants herein contained, City hereby grants to Crantee
permission to temporarily encroach upon, uses and occupy portions of
the space under,on and/or above the streets, alleys, sidewalks or other
public rights-of-way as fouows:
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05!25{2004 11: 8 8173928116
DEVELOPMENT
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 streets, alleys, sidewalks or other
public rights-of-way under this agreement shall be in strict connphance
with the Charter, Ordinances and Codes of City and in accordance with
the directions of the Building Official and the Director of Transportation
and Public Works of City.
3,
Upon expiration of this agreement and the privileges granted
hereunder, there shall be no encmachm mt 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
a temporary privilege of encroaching upon a portion of the public rights
of-way as described in Exhibit `13". 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 ofpublic property. The estimated total
amount of said fee is
f .
f'HUt u�
OW2612004 11:43 8173926116
DEVELOPMENT
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or future traffic control
devices or other improvements affected by such encroacbment,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 beliaif 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 an additional amount equal to such additional
Cost as determined by.City.
6
The term of this agreement shall be for �� days, from
to IC>bIn4nrovid4 bowever, should the need for the encroachments
granted hereunder at any tune 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 Worth, this agreement shall
terrninate.
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DEVELOPMENT
05/25/2004 11:48 817332811E
7.
It is expressly understood and agreed than this Consent Agreement
is for a temporary encroachment in,under, over and upon the public
property as located and described in Exhibit"B". 'This agreement shall
not be construed as the granting of a permanent easement, encroachment .
or license upoxt City's public streets, alleys, sidewalks or other rights-of-
way.
8.
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 nuldng inspections to determine compliance with the terms, .
covenants and conditions herein. In the event that any inspection should
reveal a breach of any tens, 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 tha
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 sud 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,
PAGE 05
05/2u/2004 11:49 8173928116
DEVELOPMENT
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 too 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 desigaee. 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 far same by
City.
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
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05/25/2004 11:49 8173928116
-EVELGPMENT
upon the public rights-of-way following termination of this Consent
Agreement.
Id.
It is further 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 Ripon 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 that 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, should 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 frilly with all applicable federal, state
and local laws,.statutes, ordinances, codes or regulations iu 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 statute,
law or regulation.
13.
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05/21S/2004 11:48
81739 8116 DEVELOPMENT
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 shad be solely responsible for the acts
and omissions of its officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees; that the doctrine of respondeat
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.
14.
Grantee covenants and agrees to indemnify, and does hereby
indemnify, 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, including death, to any and all
persons, of whatsoever kind or character, whether real or asserted,
ansing 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 caused, in
whole or in 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
0173928116
BEVELoPMENT
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 tQ City property, arising
out of or in connection with any and all acts or omissions of Grantee, its
officers, agents, servants, employees, contractors, subcontractors,
licensees, invitees or trespassers.
15.
Grantee agrees to furnish City with a Certificate of Insurance, Warning
City as certificate holder, as proof that it has secured and paid for a policy of
public liability insurance co'vering 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 than the following:
Property damage,per occurrence $100,000
Bodily injury,per person $250,000
Bodily injury or death,per occurrence $500,000
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 amounts 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 of the City of Port Worth. A copy of such Certificate of
Insurance is attached as Exhibit "A". Grantee agrees to submit a similar
Certificate of l'nsurance annually to City on the anniversary date of fixe
execution of this agieernent.
DEVFLoPMENT
05/26/2004 11:11 9173928116
Grantee agrees, binds and obligates itself, its successors and assigns,
to maintain and keep in force such public liability insurance at all times
during the tern of this agreement and until the removal of all encroachments
acid the cleaning and restoration of the city streets. All insurance coverage
required herein shall include coverage of all of 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 the 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.
1�.
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
shalt be in Tait 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,
Should any action, vwhether real or asserted, a; law or in cquily,arise
out of the terms and conditions of this agreement or out of the us: and
occupancy of City property a3 pprrnitted hereunder, venue for said action
sbAl be in Ta,-r-,nt County,—texas.
19.
In any action brought by City for?l'ie en;orcement of the obligations of
G;antee,City shall be entitled to recover interest aad remnable attorneys'
fz;s.
EXECUTED I-Iiis-A& day of_ , 2004.
GRANTOR: C RAN-FE
CIT-IT,OF FOR ORTH
B '
EL JtL NG O
PPRO T RMI AtiD LEGA-LITY: 1iT
�- Trn_p
S ITS 4'c: Y DATE:
contract AtithorizatiolL
CRL•TARY DATE:
Date
H Ica NO)
/D
STATE OF TEXAS
COUNTY OF TARRANT.
BEFORE ME, the undersigned arcthority; a Notary Public in and
Forth tate of,�Te}res, on flus day personally appeared
l ,known tome to be theperson whose
name is subscribed to the for doing instj•rcrnerzt, and acknowledged tome .
that he/she executed the sane for the imposestd consideration the eite
erlressed, as the act and deed of. �� ;
and in the capacity therein stated.
11r ER lYIYHAArDA1YD SEAL OF OFFICE tlris —�!— day
Of
Affrant
• V
Notary Public in and for
The State of Texas
�1'pr+ ANGELA EMADA
Notary Pue
# STATE OF TEXAS
M�►Caiam.Eap.Os/21/2007
PAGE h�
05/25/2004. 11:32' 9173928116
UEI:'ELOPmENT
STATE OF TEXAS
COUA77OF TARRANT
BEFORE JM, the undersigned authority,a Notary Pub' ur and
For the State of Texan, on this day personally appeared—U AKN n
,known to me to be the persex whose
name is subscribed to the foregoing Wtrumen4 and ack towkdged to me
that he%he executed the same for the purposes and consideration therein
eccpre m4 as the act and deed of
and is the a Vacity therein stared,
GM UNDER MYSUND M'D SEAL OF OFFICE this :-�( ' day
Of 20—.
IV'oteuy Awi In erred fbr
The State of Tc=
„"�"•,,.., CRYSTAL A. DAMRDN
ASN" Tex�S
Public_State of T
my commiasb^Expres
'%i'•,ii+•
7
�ephmbet 30,200
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May 25 2004 17:20 P.01
AcOWD. CERTIFICATE OF LIABILITY INSURANCEeAre(MNYDDIYYYT)
0 4
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Roach, IlowWd, Smith and Hunter ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
:390 LBJ Fwy, 8ho.1500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Calla! S% 75343 ALTER THE COVERAGE AFFORDED BY THE POLICIES E OW.
I
INSURERS AFFORDING COVERAG9 MAIC A
INSURED INSURERA: CNS L o da_ 70322
Cloacept Contractors, Inc. INSURERR; Central Rutu513 Inanrance CoMa 20222 _
4130 A1dMick Drive INSURERC;
Garland TX 73043
INSURER In;
I INSURER E;
COVERACE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN"ID NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI$ 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 6Y PAID CLAIMS,
POLKY NUMBER POLNiYlFFECTIVE P 'Y EXPIRATWN LIMITS
v0VAL uAbLrff EACH OCCURRENCE S 1 0
A X COMMERCIAL GENERAL LIABILITY CLY7978050 4/8/2004 4/8/2005 DsoI S 900 000
CLAIMS MADE ®OCCUR' j MEDExPM one IMM S $1000
PERSON&iADVINJURY i 1000 000
GENERALAC4RJUT1 Is 2,000,000
I GEWLAAQRWATF UMIT APPLAS PER: PRODUCTS•OOMP/OAAat 5 7 000,000
1
POLICY7 JECI ARC• LOC I
AUTOMOBILE LIAINVY COMVINED SINGLE LIMIT
A ' ANY AUTO CLi7978080 4/8/5004 4/8/7005 (FAscddom) = 1.000,000
ALL OWNED AUTOS BODILY INJURY
BCHEOULEO AUTOS (Pw perum) 8
X HIREC AUTOS BOOI�Y INJURY 5
X NON^VNED ALROS (Par oWdenO
PROPERTY OAMAQE 5
(PM axtewq
+ I—OA ue-LU,MILITY AUTO ONLY•EA ACCICENT 5
1ANY AUTO I OTHER THAN _MADC
1 AUTO ONLY! AGG 5
lXCBSSNNI&gMLA LUIBILRY EACH OCCURRENCE 5 S.000.000
9 i OCCUR 77"CLAIM$mADE CX47978D52 4/8/2004 I 4/8/7005 AGGREGATE 5 5.000,000
' S
I` OEOUCTISLE I 5
E
11,"
RETENTION S 16,000 4W;�TATU• 0Z8
WOR"ItS COMPENSATION AND w007805202 I 4/:/2004 a/B/2005 _
11101PLOyER61LWAILffY E.L.RAC14ACCDENT is S00 000
ANY PROPRIETONWARTNLFVFK=VrIYE E,L bISSASE.FAEMPLOYE S 500,000
OFFICERiMEMBEREXCLUDEW
If y Adeel m undw EL DI9EABE.POLJCY UMrr 8 500,000
sPbebw
OTHER
I �
DEBCRP1fON OF OPERATWNS/LOCATi0N81 VEHICLES 1 EXCLU810N8 ADDED BY BNOORSEMENT I BPECULL PROVRKIN9
Rel InCroaCloent Peralit at the AensieaanC6 Worthington 80tsl, 7oxt North, TX. 79102
CERT11`ICAT6KOLDER CANCELLATION
*MOLD ANY OF THE ASOVE DEBMRR!®PONCBli BE CANCELi ED BEFORE TNB BXPRATIOP
DATE THEREOF,The 15801NO INSURER WILL ENDEAVOR TO NAIL 20 DAYS 1NRMMW
Tha city of Fort Korth NOTICE To THE CHiTIfIOATE HOLDER NAMED TO THE LOFT,BUT PALURE TO DO 80 MALL
TPN/gtreet 951nagement section
WPp$E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,iT5 AGENTS OR
313 K. 10th street
Fo:t Worth TX 76207 REPARSENTATNEB.
i AUTHORISED REPRESENTATIVE
0 ACORD CORPORATION 1088
ACORD 29(2001108)
Page 1 of 1
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Caatracton Name:
Point of Contact
Phone Nnmbec.
Budding Perms N=bcr.
Pmpose fDr C 0rac •.
Begin Date: End Datc:
Type of Taper accondiq to posted speed licit
Tapes @ 30 MPH loft Offset 30ft
Tapem Q 35 MPH 10g Offset 35ft mires
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City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1
,
FORTWORTH CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 5/25(2004 PERMIT#55750 MAPSCO 62Z D.O.E.#NA
(i(appfiicade)
STREET BLOCK I FROM TO DATE Mon.-Fri.Time TIME TIME
BEGIN END BEGIN END SAT. SUN.
1.W 1ST ST 100-199 MAIN ST I HOUSTON ST 15127/2004 10/25/2004 24 HR 24 HR 24 HR
TYPE OF WORK TO BE PERFORMED:Other-Fee
STORE DUMPSTERS ON 1ST STREET FOR WORK AT THE WORTHINGTON HOTEL—OK PER ATTACHED TRAFFIC CONTROL PLAN.
THIS PERMIT IS GRANTED TO THE CONTRACTOR(APPLICANT UNDER THE FOLLOWING CONDITIONS:
• CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES.
• THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN.
• ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARD SPECIFICATIONS FOR
STREETS AND STORM DRAIN CONSTRUCTION MANUAL"
• ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL
PLAN(TCP)SUCH AS SIGNS,STANDARD TYPE 1 BARRICADES SAFEGUARD THE PROPERTIES AND PUBLIC
• CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES
• ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL
INJURIES ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR
• A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL
BE PROVIDED
• IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE.
CONCEPT CONTRACTORS GORDON ALDERMAN
CONTRACTOR/APPLICANT CFW CONTACT
EMERGENCY CONTACT NAME LEON JOHNSON
24-HOUR 972-226-0788 MOBILE PGR# FAX#972-226-8338
PHONE
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STREET MANAGEMENT SECTION
311 W 10th STREET
FORT WORTH,TX 76102
_ (817)392-6594 FAX(817)392-8941 _
A,
http://tpwpermit.cfwnet.org/popup permit.asp?permit id=55750 5/25/2004
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em`v 'his plan 1s submitted for TCP. I certify this plan will be used for the folling Iocat►on(sh
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and that all channeliziing devices will conform to 'General Notes' as 51)own on the back.
o Signetire: Dote i
j CITY 1111F FORT WORTH TYPICA` LAYOUT FGR DIVRSTER
. TRANSPORTi
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AND Note:
I PUBLIC WORKS See reverse side for General dates and Device Spo.ing � PON '310°
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