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HomeMy WebLinkAboutContract 33558 CITY SECRETARY CONTRACT NO. _..3 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 t ough its duly authorized Building Official, hereinafter referred to as the "City" an Acting by and through its duly authorized agent, Hereinafter referred to as"Grantee". -::�Z 4 , 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: 1/7T7 9 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. OFFICIAL RECORD CITY SVCRITARY p�Q� r,y,:r�n 7 1� y.+w ti 4JL� 05-26-06P92 :35 CONSENT AGREEMENTtor Temporary use of public property 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 o aid fee is. /Z-0 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 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 fo% days, from Gid to , Provided, however, should the need for the encroachments grante 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 d sylu18� CM FI� �:1"oR1HI TEX. 2 CONSENT AGREEMENTfor Temporary use ofpublic property "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 such removal and/or repairs immediately following billing for same by City. OFFICIA1. 11COID 3 CIS �NCLJIERppIY CONSENT AGREE ME NTfor Tempo ryuer ;� t,".T� + i�.�,�If5 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 joint enterprise between City and Grantee. OFFICIw1 WORD 4au4sl ��'n! U CONSENT AGREEMENTIor Tempor us 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 5500,000.00 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 Building Official OFFIC 1111pp4C(agOp�`ID 5 CONSENT AGREEMENTfor Tempora use(MI T 6 i'lC Y 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 /�y of 200t6 GRANTOR: GG CITY OF FORT WORTH 21- Buil ng Official 6 CUNMCNAI ��q�aOD CONSENT AGREEMENTfor Temporar use QV pfl] � 6 F'M1 P:CC APPROV �FORM--ANDLEGALITY: Assistant City homey Date City Se etary — Date (� NO M&C REQUIRED 1n HMO ���1� ���Q��QY FT. Y ; fib, TEX. CONSENT AGREEMENTior Te:.chary use of public p inpe^y STA TE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared 0YA/rH/ti ,known to me to be the person whose name is subscribed to die 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 (i (�r`�r9Cf�IYIfx� , and in the capacity therein stated. GIVEN IINDE MY HAND AND SEAL OF OFFICE this _ / day Of 20 . Afftan I �n Title �— Notary Public in and The "tate o`Texas ,,,,,,,%, °' " G. NAREZ Notary Public,State of Texas My commission Expires Seto p mbar 10,2009 8 XWNT My�I W. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and Fort tate o exas, oi: is da personally appeared ,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, as the act and deed of , and in the capacity therein stated. IVEN UNDER MY HAND AND SEAL OF OFFICE this day of qff20� . Af n ttl tA Notary Public in and for The State of Texas g Notary Public,State of Texas H �y My Commission Ex ires F,u September 10, 2009 a Contractors Name: fl 4 Point of Contact: Phone Number: � j Building Permit Number• —� Purpose for Clos e Begin Date: End Date: 04 Type of Taper accor ' g to posted speed limit: 0 Tapers @ 30 MPH loft Offset 30ft minimum Tapers @ 35 MPH IOft Offset 35ft minimum Tapers @ 40 MPH IOR Offset 40ft minimum Noc4 ftrrvw 230 ' o . FFeg � a OFNIAL WORD D IN MURRY x i TH A1', 3 LII, .,t �c'�.h'AL'n ,L"- '�__� T. Y tQV; X r^.PP ICANT ''ZU -"o AITlAil ST Ar-i, I 1 i E E Irl t -,- II AP R .IAT ' BARRIERS OR OBST RI_;, A , ' I PLACE. Client#:15267 INNODE ACORD- CERTIFICATE OF LIABILITY INSURANCE 04/11/0°""""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keith D.Peterson&Co.,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 708 Milam Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O.Box 1758 Shreveport,LA 71166 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: First Mercury Ins.Co. 10657 Innovative Developers,Inc INSURER B: American Int'I Specialty Lines 19380 930 West 1st,Suite 201 INSURER C: Texas Mutual Insurance Co. 22945 Fort Worth,TX 76102 INSURER D: Travelers Lloyds of Texas Ins.Co. 41564 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. POLICY EFFECTIVE POLICY EXPIRATION LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE MM/D DATE MM/DO LIMITS A GENERAL LIABILITY FMTX000901 07/02/055 07/02/06 EACH OCCURRENCE $11,000400 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $5O 0Q CLAIMS MADE D OCCUR MED EXP(Any one person) s5400 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY X PRO• JECT 7LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY BE9029135 07/02/05 07/02/06 EACH OCCURRENCE s2,000,000 X OCCUR FICLAIMS MADE AGGREGATE s2,000,000 HDEDUCTIBLE $ X RETENTION $10000 $ C WORKERS COMPENSATION AND TSF000110469720060 04/12/06 04/12/07 X I .FY TNC S"M OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $5OO 000 ANY PROP RIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under SPECIAL FFI0",S,0N3 below, E.L.DISEASE-POLICY LIMIT $500,000 D OTHER Bldrs Risk OT6600538B80ATLCO6 03/16/06 03/16/07 $5,000,000 any one occ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS •'- ••Workers Comp Information•• 'i �'o I J�/1, Blkt Waiv of Sub CRY "�'��, Terrorism Coverage 30 Days Notice of Cancellation blanket basis (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'AQ_ DAYS WRITTEN 1000 Throckmorton Street 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 3 #S25496/M25293 CML © ACORD CORPORATION 1988 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. 0FFICC,JA EC0,, MY �"'Etl-27101py ACORD 25-S(2001/08) 2 of 3 #S25496/M25293 DESCRIPTIONS (Continued from Page 1) General liability policy provides blanket additional insured endorsement and blanket waiver of subrogation endorsement. Re: project at 1404 West 7th Street,Fort Worth,TX 76102 �"At MONO l ' 'gr-My AMS 25.3(2001/08) 3 of 3 #S25496/M25293