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HomeMy WebLinkAboutContract 33556 CITY SECRETARY -ONTRACT NO, 5 .35 CONSENT AGREETMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT I 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 114Ft,{,[�G''FT t4d-'S,-VVC7701-1 i Acting by and through its duly authorized agent, o S Vc flab Hereinafter referred to as"Grantee". I I WITNESSETH: j For and in consideration of the payment by Grantee of charges set out below and the true and faithfiil 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: l r7(o s ra.cngi- Sr- 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. Z All use and occupancy of public street, alloys, 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. n r,, i 1 I CONSENT AGREEMENTfor Temporary use of pubic propertyt.doe 05-26-06 P02:35 IN I t i i f 3. Upon expiration of this agreement and the privileges granted hereunder, there shall be no ! i I encroachment by Grantee in, under,on or above the surface of the public rights-of-way involved. i r d. I i Grantee agrees to pay in advance an encroacliment fee for the temporary privilege of I encroaching upon a portion of the public rights-of-way as described in Exhibit "B". Said fee is Y calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth i I for temporary use or occupancy of public property. The estimated total amount of said fee is: rA s- C Grantee, at no expense to City, shall make proper provision for the relocation and/or r 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 k = owned or constructed by or on behalf of the public or at public expense is made more costly by i I 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. i l 6. t s The tern of this agreement shall be for 70 days, from_ ,ALJZ3 _to_ ?0i -- i 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 I the Building Official of the City of Fort Worth,this agreement shall terminate. f 7. It is expressly understood and agreed that this Consent Agreement is for a temporary ! i encroachment in, tinder, over and upon the public property as located and described in Exhibit E � MON G, Q� 2 ; CCNSFNT AGRFFUENTior Temporary use rf public prop?rryl dec cce j i , I Ej "B". This agreement shall not be construed as the granting of a permanent easement, i encroachment or license upon City's public streets,alleys, sidewalks, or other rights-of-way. ! I 1 8. ! 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 f should reveal a breach of any terms, covenants or conditions herein, City shall Give Grantee r notice of such breach. Should such breach not be corrected by Grantee within twenty-four (24) I 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. f 1 9• 1 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 i all barricades, equipment, supplies, materials or other property from said location. Grantee ! Farther covenants and agrees that for a period of one(1)year after the termination of this Consent j I Agreement, Grantce will repair all conditions or damages to the streets and sidewalks or other i 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 i 4 the Director of Transportation and Public Works or his designee. All repairs shall be performed Z I in an expeditious and workmanlike manner and shall comply with all applicable laws, codes, j i 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 i and/or repairs immed' ung billing for same by City. i U ROD � i CONSENT AGREFi 1;1E NT(or Terrporary�ise of pudic propertyldoc f f i I 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. I i 10. i 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 t i over the streets as have been delegated to it by the Constitution of the State of Texas or by the j r 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. i 11. f 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 1 of said encroachments and uses. F 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided fnr by this agreement or by any federal,state or local statue, law or regulation. 1 13. f t 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 f Grantee shall have exclusive control of and the exclusive right to control the details of its j operations and activities on said described public property and all persons performing same, and I I shall be solely responsible for the acts and omissions of its officers, agents, servants, ernployees, 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 ' i subcontractors, and nothin'- herein shall be construed as creating a partnership or joint enterprise j between City and Grantee. j! E 0f�j rr..�� e 4 l � � CCNSENTAGREEMPMcrTempor2ryuseotputkpropertytdcc fit_ I 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMIFY, HOLD HARM9LESS 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. I5. 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 insurancc 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 5500,000.00 With the understanding of and agreement by Grantee that such insurancc 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 N�iW Q��yB{Ap / CONSENT AGREEMENTWTemporsryuse of putric properryl.Mr. Try I i-t in";�a1a06'tl�'iObOs t r f l i i 1 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 i 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 i i removal of all encroachments and the cleaning and restoration of the city streets. All insurance 1 t coverage required herein shall include coverage of all Grantee's contractors. ! i �- f' t. 1 16. l Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties I under this contract without prior written approval of City, and any attempted assignment without such prior written approval shall he void. j }f ! 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 t conditions of this agreement or out of the use and occupancy of City property as permitted 1 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. I FAECUTED this?—z day of —/ G� 2005 I GRANTOR: GRANT E f CITY OF FORT WORTH f Building Official I { TitleMORD - - - - N f 6 � y CONSENT AGREEMENT(or Te ocrar/use of pLbFc prcpertyt.doe i ,l i {l 11 1 I APT'RO TO �ANDALTTY: � f i I ASNistant Ci Attorney Date City Se etary Date—r--' i ENO M&C RE-Q IRI;I2 � � I f ; { i f I f }l � I 4 1 l i I { I ROD i p� i I vI0�y �}��IEWYFY, wunj TEX. ! i w l ' CONSENT AGREE.V.ENTfcr rempo ary use of public propeilyl.Coc ! ; 1 1 f f I I r STATE OF TEXAS i I COUNTY OF TARRANT I l BEFORE iYIE, the undersigned authority, a Notary Public in and I I We tte of Texas, onthis(lay personally appeared Lf tn�� ,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 th urpos s and consideration jherein expressed, as the act and deed of � , and in the capacity therein stated i I GIVEN UNDER HY HAND AND SEA L OF OFFICE this (lay Of 20—(C. i I I o t Affiant f Title i r l E Notary Public in and for The State of Texas ?o�nv°&�.�,, Notary Public,stDExpires My commissiSeptember 1 { i i f (� F I ` i t .4 1 Co20 Cid Q � I I i it t i I i i E STATE OF TEXAS COUNTY OF TARRANT � r { i i BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared -s�or`►' �U''^>N� 1� ,known tome to be the person whose i nafne is subscribed to the 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 I A ' GIVF UNDER MYHAND AND SEAL OF OFFICE this 2 day j Of 20W. {f 1 3 k I i i Affaan �ctS Title y1 I � ,;.•" JANELLE MCELYEA C L E _ Notary Public,State of Texas r I Nota Public in andfor N My Commission Expires f August 21,2006 The State of Texas y i i $ f i I j I 1 9 y01FF .,1 �, rHM0 f I i Contractors Name: :cv�J 3 i rLc fi� PointofContact: VIcji&d GYd'►,v Phone Number: F{17 - 2 2- - 11 q Z a Building Permit Number: (0 ^ '�;o 07 V Purpose for Closure:,- b _ t Begin Date: a3 � End Date:__ /Ob Type of Taper according to posted speed limit: Tapers @ 30 MPH 10ft Offset 30ft minimum Tapers @ 35 MPH 10ft Offset 35ft minico mum dTapers @ 40 MPH 10ft Offset 40ft minimum ILL vko,js`rtr ,v 5 ` zr IF I` iv . TEMPORARY OCCUPANCY OF Ptj }i' MORE THAN 3 DAYS SIDEWALK FEE- SBFT. X k --SQE1 �A) PA A 7M ^� s -- ry x ;ALI FOR AND v� RECEIVE AN INSPECTION AFTER ALL I S � �" � � TRUCT APPROPRIATE BARRIERS OR OBSFF I NMI TEX. ARE IN PLACE. f Client#:62415 SCOTT33 ACORD,. CERTIFICATE OF LIABILITY INSURANCE 0427/Ofi°'""'' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 817-347-7069 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Higginbotham 8 Assoc., Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 99 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 908 Fort Worth,TX 76101 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Republic Lloyds 19208 Scott t Construction LC INSURER B: Republic Underwriters Ins Co 24538 2808 W..77th th Street 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. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS A GENERAL LIABILITY TXP5646408 04/30/06 04/30/07 EACH OCCURRENCE S1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 55O OOO P occur,,,, CLAIMS MADE 51OCCUR MED EXP(Any one person) $rj QQQ PERSONAL&ADV INJURY S1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY PRO JECT LOC B AUTOMOBILE LIABILITY TCA5646409 04/30/06 04/30/07 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S B EXCESS/UMBRELLA LIABILITY UMB5646410 04/30/06 04/30/07 EACH OCCURRENCE s5,000,000 X1 OCCUR ❑CLAIMS MADE AGGREGATE s5,000,000 S DEDUCTIBLE S X RETENTION S10000 $ WORKERS COMPENSATION AND TWC STATU- CTH- F EMPLOYERS'LIABILITY ANY PROP RIETORfPARTNER/EXECJTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT I S OTHER DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS P nl 0 V CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Ft Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30_ DAYS WRITTEN 1000 Throckmorton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Fort Worth,TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) 1 of 2 #S174907IM174905 // QZ © ACORD CORPORATION 1988 7 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 25S(2001/08) 2 of 2 #S174907/M174905