HomeMy WebLinkAboutContract 27043 r
CITY SECRETARY
�nNTRACT 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, herinafter referred to as the "City"' and
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acting by and through its duly authorized pled ckt-17 Ju E-
hereinafter referred to as
"Grantee".
WITNESSETH:
1.
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 Grantee
pennission 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 follows:
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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 compliance
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 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
- 531
'3) x a -a x 3 = 31 . �0
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5.
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 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 oi•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,
e
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 . Z� y 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.
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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 described in Exhibit `B". This agreement shall
not be construed as the granting of a permanent easement,encroachment
orlicense 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
specifications, and Grantee shall remove all barricades, equipment,
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supplies, materials or other property from said location. Grantee fu h
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 onother 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 manndr
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.
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 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 anytime 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 statute,
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 perfonning 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 j oint 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,
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 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
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,
licensees, 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 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 Fort Worth. A copy of such Certificate of
Insurance is attached as Exhibit "A". Grantee agrees to submit a similar
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Certificate of Insurance annually to City on the anniversary date of the
execution of this agreement.
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 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 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.
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. ����C�Q� ���GU�
CUT�i �^gi , ���
�iu�=J�1p� TEX
EXECUTED Thiday of 200J.
GRANTOR: GRANTEE:
CITY OF FO WORT
B B'Y: dt �—
BUILDING FFICIA
APPRO4),yQ/ ORM AND LEGALITY: Sf
TITLE
-ClATT DA'T'E:
TTY SECRETA Y DATE:
Contract Authorization
Date
1}Ilav��y:1�7'J,�LI��o n
STATE OF TEXAS
CO UAITY OF �('.ARR4AIT
BEFORE ME, the undersigned authority; a Notary Public in and
For the State of Texas, on this day personally appeared
sn A• Fie rr►„�c ,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 theurposes and consideratio r ther /r
expressed, as the act and deed ofs + %c1'� ,
and in the capacity therein stated.
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Gl tom!,\' UNDER AIYHA?VD AND SEAL OF OFFICE this tlay
Ofu�� 2Qs2f_.
�Af'
star PU JUANITA JOYCE JEFFERSON `
r'Q t Notary
State of Texas
b
Comm. Expires 06-28-2003 N01(6' '1 wic it, a d f 0 '
Ir�c �i!Ir,�I�.uUI1P a
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of Tavas, on this day personally appeared
Te ,known to me to be the person whose
name is subscribed to the foregoing instrunient, and acknowledged to fne
that he/she executed the same for thepi oses and consideration therein
expressed, as the act and deed of
and in the capacity therein stated.
GIV LN L,.DER MY MAArin,A11D SEAL OF OFFICE this (lay
of Aku,l, a 20-L-L—.
��j1Tlb••. KAYLEEN L.HAOER
Affiant �:: ° Notary Public,State of Texas
' MX commission Expires
September 01,2004
Nota .'P lbliIf
nd for
The State of
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Begin Bate: End Date:
to No work permitted during peak hours:7:OOam-9:
Q, v and 4:OOpm•6:00pm Required to have pedestrian.
during work at all times
No4 ftrrow y Type of Taper according to posted speed limit:
Tapers,I 30 MPH loft Offset 30ft minimum
lTapers a 35 MPH loft Offset 35ft r".inim�m
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CERTIFICATE OF LIABILITY INSURANCE 08/20/o
PRODUCERTMS TIFICATE IS ISSUED AS A MATTER OF IWORMATION
McQueary Henry Bowles Troy LLP OILY OLCONFERS NO R10HTS, UPON THE CERTIFICATE
12700 Park Central Drive HDER TMS CERTIFICATE DOES NOEND
T AM , EIITEHD OR
Suite 1700 ALTER E COVERAOE AFFORD® sr THE POUCIES MLORr.
Dallas, TX 75251 IMURE RS AFFORDING COM ME
INsuREo INSURER A:pt. Paul Guardian Ins. Co.
Parkway Construction 6 Associates, Inc. INSURERS: '
1000 Civic Circle
Lewisville, TX 75067 INSURER C: .
INSURER D:
INSURER E
COVWL#A ES
THE POLICES of NBuRIWCE UBTED BROW HAVE em wwED TO THE NWIND NAM® FOR THE POLCY PERIOD INDIOATED. NOIYEi5mmiDNG
ANY REMPOM T, TEMA OR OONDMON OF ANY CCMRMCT OR QIHEI OOCULA9VT VMI PST TO WHICH THIS�ICATE MAY BE Ism OR
MAY PETAN, THE INSURANCE AFFORDED BY THE POLKZS OEBCFNED HE3TEi IS 8UERJECT TO ALL THE TE RMIS,EXCLU*MS AND CONDITIONS CF SUCH
POUCIES. AQMWATE LMITS BHO WN MIRY HAVE BEBBI FIEDUCED BY PAD CLAMS.
11119111 POLICY POLICYOMRATION
ML MEOF INBURANCE POLICYNUMBER LIMITS
A GENERAL LIABILITY KK09101260 11-01-0 11-01-02 EACHOCCURRENCE 61 000 000
X COMMERGIALGQIEFiALLIABIUTY FIREDAMAG E(Any one fire) $100,000
CLAIMS MADEFX OCCUR MED EXP(Anyone penon) 610,000 _
X $2,500 ded.
PERSONAL&ADV INJURY $1,000,000
.per occurrence GENERAL AGGREGATE s2.000.000
GEN'LAGGRMATELIMITAPPLIESPEFt PRODUCTS-COMP/OPAGG s2,000,000
POLICYFX PRO X LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT !
ANY AUTO (Ea�ootdttni)
ALL OWNED AUTOS
BODILYINJURY !
SCHEDULEDAUTOS )
HIREDAUTOS
BODILYINJURY !
NON-OWNED AUTOS (Per sadden()
PROPERTYDAMAGE !
(Per==dent)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT
ANY AUTO OTHER THAN EA ACC S
AUTOONLY: AGG S
D(CESSLIABILITY EACHOCCURRENCE !
OCCUR CLAIMS MADE AGGREGATE !
!
DEDUCTIBLE !
RETENTION ! !
A woRKE'JtSCOMPENSAnoNAMD WVK9101433 11-01_00 11-01-01 X WCRYLIM A IUTj
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EMPLOVERS'LIABILITY EL.EACH ACCIDENT 61,000'_000
EL.DISEASE-EA EMPLOYEE 51,000,000
EL.DISEASE-POLICY LIMITI$11,000 000
OTHER
DOCRIPTION OF OPERATIONO/LOCATION*i/!EHICLEa/D(CLUSN)NS ADOEO BY I NOMBE146NTISPECIAL PROVISIONS
Certificate Holder is named additional insured with regard to
the liability policies of the insured, but only with respect t:
the extent of the liabilities assumed by the insured under writiag
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CEIRTIFICATE MOLDER ADDITIONAL INSURED•INSURt71 LETTER CANKXUATM
t a. L SHOULDANYOFTHEABOVEOE 00@EDPOLICIU0ECANCELLEDBEFORETHESI�MMiKtM
I,Tt.v nf. r(�r . tq"%rtt'� ne.le.y4y lr-, Fes. „a... la,c;��cr.•,.»r.s„-.at"r,,.,_,.s Wit.a.,,i}�/? Tv..z„'C�" .
I0U0 Throckmorton St. MOTICE-10 THE CERTIFICATE HOLDER NAMED 1%)THE LEFT,BUT FAILLME To DOSOSHALL
Fort Worth, TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IMSUMMITSABUTS ON
REPREDENTATIVES.
AUTHORIZEOREPRES TATIVE
ACORD2-s RIM 1 of 2 #K34603 DSN S ACORD COWORATM IBM
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IMPORTANT
N the oerUficase holder Is an ADDITIONAL INSURED,the policy(iss)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 WANED, subject to the terms and conditions of the policy,certain policies mey
regain: an endorsement. A statement on this oeratiicate does not confer rights to the certificate
holder In lieu of such endorsement(s).
DISCLAIMER
The Certificate of Inaxwoe on the reverse side of this form does not constitute a contract between
the issuing inaurer(s), authorized representative or producer,and the certificate holder, nor does it
afflrrrtatively or negatively amend, Mend or alter the coverage afforded by the policies listed thereon.
AcOM25-s(TIM2 of 2 #M34603