HomeMy WebLinkAboutContract 33866 CITY SECRETARY
CONTRACT NO.
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CONSENT AGREEMENT �{
FOR f
TEMPORARY USE OF PUBLIC PROPERTY !
STATE OF TEXAS i
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 lle;�fe.TFj
Acting by and through its duly authorized agent,
-1,)A k9�-u. ,�.•�,
Hereinafter referred to as"Grantee".
WITNESSETH:
For and in consideration of the payment by Grantee of charges set out below and the true and
faithfid 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
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above the streets, alleys, sidewalks or other public rights-of-way as follows: j/6V PyA. Avv-"
rT L7m A /x Z 6/O w , /6X� %.ate' 1!;,Z"d1&. A J- 114%,t Tam r 9'& l l-VT 3
C —. ��±• 2'' �cr _si„;kr le R,vec[]. aDD d' Scc.s��E,�dnrossw A..,,&
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.
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2.
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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. I{
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'':7n��CONSENT AGREEMENTfor Temporary use of pubic p
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3.
Upon expiration of this agreement and the privileges granted hereunder, there shall be no
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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
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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 estimat d total amount of said fee is:
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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
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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.
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6.
The term of this agreement shall be for 3Z$' days,from_ o`_to
Provided, however, should the need for the encroachments granted hereunder at any time cease,
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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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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
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CONSENT AGRFF..u1ENTfnr Temporary use of public property1.d
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"B". This agreement shall not be construed as the granting of a permanent easement, s
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encroachment or license upon City's public streets,alleys, sidewalks,or other rights-of-way. i
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City, through its duly authorized representatives, shall have the fi>11 and unrestricted right to j
enter upon all public rights-of-way for the purpose of making inspections to detennine
compliance with the teens, 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 i
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Building Official for the protection of public health or safety, City may terminate and cancel this
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agreement.
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Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at
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no expense to City, restore the public rights-of-way and adjacent supporting structures to a f
condition acceptable to the Director of Transportation and, Public Works or his duly authorized
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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
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Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other
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rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or j
other rights-of-way, as determined by the Director of Transportation and Public Works or his
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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
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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.
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CONS EW AGREEMENTfor Temporary use of pubic propenyl doc
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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
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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
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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 '
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of said encroachments arid uses.
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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.
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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
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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.
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CONSENT AGREEMENTfor Temporary use of public propertyt.doc
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14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMIFY, HOLD HAR-MI LESS 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
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CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
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CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND
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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
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GRANTEE HE, ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
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SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
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DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH
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ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
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SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TRESPASSERS. !
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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 a
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:
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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
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CONSENT AGREEfAEDfTfor 7empo^ary use of public properly
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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
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coverage required herein shall include coverage of all Grantee's contractors.
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16.
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Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties
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under this contract without prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
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This agreement shall be binding upon the parties hereto,their successors and assigns.
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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 l
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hereunder,venue for said action shall be in Tarrant County,Texas. f
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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 thisL day of 2006.
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GRANTOR: GRANTEE:
CITY OF FORT WORTH DAV I Q
Build* Official
Title 11 II 1 }{ }([
CONSENT AGREBMENTfor Temporary use o1 public propenyl. e
J�o •J�:�IIL� U��.L a ;
APPROOVTO FORM ANT)LFGALITY:
Assi(tant Citf�Attorney Date
City Secretary -dat
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CONSENT AGREEMENTfor Temporary use of public propertyl.Wc
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STATE 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
,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 there*n
expressed, as the act and deed of
and in the capacity therein stated.
GIVEN UNDER MY HAND A�rD SEAL OF OFFICE this day
Of 20
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tVotary Public in and for
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= Notary Public,state of Texas
� My Commission Expires
September 10, 2009 I
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STATE 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 DAUID
WW ,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 purpose and consideration therein
expressed, as the act and deed of �r ,
and in the capacity therein stated
GIVEN UNDER MY HAND AND.SEAL OF OFFICE this 315} day
of 20-10�. s
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Affiant �9
fie. /i arE�r �4.vAGE,C
Title
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Notary Public in and_for
The State of Texas
INLNAI�1@IEOpIQIGISIpUE
MWMCSTATEaFMU
fe"I"101 ixne[e:
�R 20,2009
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Contractors Name:-M 6cO Coo S "
point of Contact: AwIi..t,`f 4j&&11-4.5
Phone Number: L 2
Building Permit Number- 2 —
Purpose for Clos e: S� _
Be ' Date: End Date: I C
Type of Taper according to posted speed limit:
Tapers @ 30 MPH 1Oft Offset 3Oft minimum
Tapers @ 35 MPH 10ft Offset 35ft minimum
Tapers @ 40 MPH loft Offset 40ft minimum
N 6
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l000 S AVE,
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Baylor All Saints:Sidewalk Rental �'�r iijtl IOi 4
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Estimate For MOB: �� ��y ��f41 J ter�J• hru'�:
Location I Length I Width I SF 1cost Per SF I Total I #of Das ITotal 4herr r 1i
s etoe ve.
8th Ave. 1 200' 1 10 120001 0.015 1 30 1 365 10950
Total: $27,922.50
Estimate For Women's Hosital:
oce ion en os er otal I a ol Days I I otal Costerr 4) LICAECTION AT'r$R �IJGTION
8th Ave. 230 10 2300 0.015 34.5 365 : 12592.5 1
$12,592.50 H I E AN INS Bc VLS OF.016
p�OPRIATE B
A fl IN PLACE'
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- „� /^r ,/'►C,� � CERTIFICATE NUMBER
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
4400 BANK ONE CENTER POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
1717 MAIN STREET AFFORDED BY THE POLICIES DESCRIBED HEREIN,
DALLAS,TEXAS 75201-7357 COMPANIES AFFORDING COVERAGE
ATTN:ZEFERINA MIRELES 214/303-8529 COMPANY
32458-BHE-CAS-06/07 A ZURICH AMERICAN INSURANCE COMPANY
INSURED COMPANY
BAYLOR HEALTH ENTERPRISES,L.P. B AMERICAN GUARANTEE AND LIABILITY INSURANCE CO.
DBA MEDCO CONSTRUCTION CO. --
2001 BRYAN STREET,SUITE 2800 COMPANY
DALLAS,TX 75201 C
COMPANY
D
� ! N� , lfica# ;er � E tea.ati<
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDDTYY) DATE(MWDD/YY)
A GENERAL LIABILITY GLO5914721-01 07/01/06 07/01/07 GENERAL AGGREGATE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000
CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 300,000
MED EXP(Any oneperson) $ 10,000
B AUTOMOBILE LIABILITY BAP 5914621-01 07/01/06 07/01/07
COMBINED SINGLE LIMIT $ 2,000,000
X ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per Pelson)
X HIRED AUTOS BODILY INJURY $
X NON-OWNEDAUTOS
(Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
B EXCESS LIABILITY AUC 5914722-01 07/01/06 07/01/07 EACH OCCURRENCE $ 1,000,000
X UMBRELLA FORM AGGREGATE $ 1,000,000
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND WC 5914622-01 w A - TH
EMPLOYERS'LIABILITY 07/01/06 07/Q1/07 X TORY LIMITS ER .,,.�au .:
EL EACH ACCIDENT $ 1,000,000
THE PROPRIETOR! X INCL EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
Baylor All Saints.Street use permit.The City of Fort Worth,its Officers and Employees are included as Additional Insured. This insurance shall not be
cancelled,limited in scope or coverage,cancelled or non-renewed until after forty-five(45)bays prior written notice has been given to the City of Fort Worth.
Wavier of rights of recovery(subrogratlon)in favor of the City of Fort Worth.
MW i
SHOULD ANY OF THE POLICES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL.meq DAYS WRITTEN NOTICE TO THE
THE CITY OF FORT WORTH CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ATTN:STREET MANAGEMENT SECTION
311 W 10TH ST UABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE
FORT WORTH,TX 76102 ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: William Hines 4t1�•-+-,�wyr .r,�,
}a M' _ /"4 �x s_: �c 4 s. VALID AS OF 07/28/06