HomeMy WebLinkAboutContract 33497 CITY SECRETARY C
CONTRACT NO.
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
THIS 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 Mid-Continental
Restoration Company , Inc .
Acting by and through its duly authorized agent, Randy Hughes
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 temporarily encroach upon, uses and occupy portion of the space under, on and/or
above the streets, alleys, sidewalks or other public rights-of-way as follows: 110 LFT x 10 LFT
on Main Street @ 815 Main Street Ft . Worth , Texas 76102 .
Rental for overhead protection .
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 Works of City.
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- 11 -06 A08 :45 I N CONSENT AGREEMENTfor Ternpemry uraoLVublw-praperty
3.
Upon 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:
%16 . 50 per day for 30 days = $495 . 00
00 5 r Des 3D 9� 0
5.
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 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 30 days, from 5/5/06 to 6/4/06
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 Worth,this agreement shall terminate.
7.
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 descr, ----1
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CONSENT AGREEMENTtorTempor eRy
"B". 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.
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 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-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 suc
and/or repairs immediately following billing for same by City.
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CONSENT AGREEMENTfor Temporary use
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 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 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 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 join e n�
between City and Grantee.
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CONSENT AGREEMENTfor Temporary use of public property
14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMIFY, 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 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 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 $500,000.00
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 Buil i,"ffiF al
5
CONSENT AGREEMENTtor Temporary i se ol�613660rope"
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 be void.
17.
This agreement shall be binding upon the parties hereto, their successors and assigns.
18.
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.
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.
EXECUTED this day of 2006.
GRANTOR: GRANNTXE:
CITY OF FORT WORTH
Buildifig Official
Titley
Ci J�l G!� T:u� �✓:.':ice
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CONSENT AGREEMENTfor Temporary use
APPROV T AND LEGALITY:
Assistant CAAttorney Date
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City Secretary Date
NO M&C REQUIRED
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CONSENT AGREEMENTfor Temporary use of public properly
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notan Public in and
For the State of Texas, on this day personally appeared
one ,known to me to be the person whose
name is sub ribed to 2e foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein
expressed, as the act and deed of ,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this __ �_ day
of - , 200�- •
,7
Affla t
Title
Notary Public in and fo�
Th "V
R. G. NAR
EZ
Notary Public,state of Texas
My commission Expires
September 10, 2009
8
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STA TE OF TEXAS
COUNTY OF TAR-RANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of Texas, on this day personally appeared R an d y H u g h e s
,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 and consideration: therein
expressed, astheactanddeedof Mid-Continental Restoration Co . , Inc .
and in the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day
of April 2006
r
Affiant
Branch Manager
Title
Notary Public in and for
The State of Texas
CANDICE STOCKTON
a
Notary Public,State of Texas My Commission Expires
March 23,2010
9
Contractors NaANumber:
Point of ContacA GPhone Number: 7ZBuilding PermitPurpose for Closure.
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Begin Date:_ (. End Date: eo
Type of Taper according to posted speed limit:
Tapers @ 30 MPH 10ft Offset 30ft minimum
O � Tapers @ 35 MPH IOft Offset 35ft minimum
Tapers @ 40 MPH I Oft Offset 40ft minimum
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TEMPORARY OCCUPANCY OF PUBLIC PROPERTY
3 DAYS O L S
MORE THAN 3 DA(S
SIDEWALK FEE- 1170 SOFT. X`r?�S X 3a AYS
STREET FEE- SOFT. X X ms {
TOTAL
Ise
APPLICANT MUST CALL FOR AND g S-C2t-�Z-"T
► :.CEI aE AN INSPECTION AFTER ALL
APP I<OPRIATE BARRIERS OR OBSTRUCTIONS
---_._
ARE IN PLACE.
04/24 2006 14:30 FAX FT. WOR'T'H z 001
-®RD. CERTIFICATE OF LIABILITY INSURANCE 07/01/2006 03/13/20061
PAOWCEA Loddon THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
aNes ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
444 W.471h Sheet Suite 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, WEND OR
Kansas City Mo 64112.1906 ALTER THE COVERAC3EAFFORDED BY THE POLICIE
(816)860-9000 INSURERS AFFORDING COVERAGE
�n MID CONTINENTAL RESTORATION CO.,INC, INSURER A:TRANTLERS PROP.QAS-CO OF AMER,
1063933 P.O.BOX 429 INSURER B;THE TRAVELERS INDEM.CO OF AMER.
FT.SCOTT KS 66701 INsuRER c•THE TRAVELERS TNDEM,CO OF CONN.
INsuRER P;PRINCE'T'ON EXCESS&SURPLUS
INBuREA c: *COLEMONT BROKERS
COVERAGES JC
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO,NOTWITHSTANDING
ANY REOUIREMEK, 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 REDUCBb BY PAID CLAIMS.
I MR nrpE OF lLSUR E POLICY 6R POLICY EFFECTIVE POLICY EKPIRAIION LIYIT6
GENERAL LW9INTY EACH OCCURRENCE 1,000,000
A X I COMMERCIALUENCMkI.UA9ILITY VTC2.T-C0-1311810A-T1L-05 07/01!1005 07/01/20(16 FIREDAMAGE(Any menre�•?. 100000
CLAIMS MADE a OCCUR d(P An om onion 0 0000
X _oONiRAC?U,AT PE ALA ADV INJURY I 1000 000
_ GE ERE 0 RE TE 6 2 000 00Q
Ocwl.AGGREGATE LMR APPLIES PER; PRODUCT5-COUP, P AGG 0 2,000,000
PRO" -
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AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 0 1,000.000
A X ANYAUTU VTI-CAP-131J8111-TIL-05 07!01/2005 07/01/2006 (ammulb
C ALL OWNED AUTOS VM-CAP-131J8123-TCT-05(TX) 07/01/2005 07/01/2006 BODILY INJURY LXX
SCHEDULED AUTOS (PerpwmN
X HIRED AUTOS
X NQ84WNMAUTOS Ipo,Igq •Ij Y XXXXXX3.
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GARAGELWRRIfY AUTO ONLY-EA ACCIDENT 0 XX 000
ANY AUTO NOT APPLICABLE OTHER THAN EA Agg 11 XXXXXXX
AUTO ONLY: AW l XXXXXXX
Fxcros LIASRJTY EACH OCCURRENCE = 5.000,000
I) �Xj o=n ❑CLAMS MADE 66A3UB0000018.01 07/01/2005 07/01/2006 AwmEGATE 5,000,000
ru - 0 XXXXXIC)C
DEDUCTIBLE 171mEI )GTOCXXXX
X RETENTION 0 10.000 0 )DCKXXXX
B WORWIS COI1P9WATION AND TC2H-UB-8651B92A-05* 07/01/2005 07/014M X STAn xuml- I IEORTN-
ii EMPLOYERS'LIABILITY *EXCEPT MONOPOLISTIC STATES E.4 EACH ACCIDENT 0 1000 000 ^
B VTKH-U&-WlW452-05*(NE,O ) 07/01/2005 07/01/2006 E.LDISEASE-EAEMPLOYEE 1000000
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E.L.DISEASE•POLICY LIMIT t 1 Q00 OOD
OTHER
DESCAIPRON OF OPERATTON%VJGATK)NSNSROMEGMXCiLSIOM ADDED BY ENoORSEMENTA,PECIAL PROMS M
RE:RADISSON PLAZA HOTEL.0 815 MAIN ST.,FORT WORTH,TEXAS. CrCY OF FORT WORTH,'TX IS ADDMO14ALINSURED AS RESPECTS
LIABILrNCOVERAGE r-OR THIS PROJECT. TNSURANCE SHOW14 APLLFS ONLY To EXTENT OF WRITTENCONTRACr-
E FICAIY BOLDER a ED•W6URER LETTER-, CANCELLATION
20052 SHOULU ANY OF tK ABOVE DESMOED POLICES BE CANCELLED BEFORE THE 01PIRATION
CITY OF FORT WORTH,TX DATE THEREOF,THE 91SUII0 11116LAER WILL ENDEAVOR TO MAI 30 DAYS WRRTrN
ATiN:MARIE HUGHES NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,MY FAILUNS TO DO SO SHALL
1000 THROGMORTON
FORT WORTH TX 76102 IMPOSE NO OBLIGATION OR LJMILMTY OF ANY KOO UPON THE IN9 MF%IM AOENTS OR
REPRfr NTATTVES,
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