The URL can be used to link to this page

Home My WebLink AboutContract 34161( ' � 1� �. � �'�""'�r_'j'�,�p''{�4�/` � _ 4'. r�� Y 1 ;�� C�f � s —:,' ; s :� t� :��' �� ',� � � , � CONSENT AGREEyI�RlT FOR TE�iPORARY USE OF PUBLIC PROPERTY STATE aF TEXAS COTJNTY OF TARRANT T.HIS AGREF.,i1�fF.NT is �lade and entered into by and behveen the City of FotT Worth, a municipal corporation of Tairant County, Texas, acting herein by and through its c[u(y authocized Biiilding Official, hereinaf�er referred to as the "City" and � Bj�j�% �� ficting by and through its duly authorized agent, IIereinafter referred to as "Grantee" � WITNES�ETH: 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 cantained, City hereby grants to Grantee permission to temporarily encroach upon, uses and oecupy portion of the space under, on and/or above the sireets, alle�, sidetivalks or other public rights-of-way as follorus: _ The focation and description of said encroachment is more pv�ticularly described in Exhibit "B" attached hereto, incorporated hecein and made a pari hereof for all purposes. Z. All use 1nd occupancy of public street, alleys, sidewa[ks or othcr pubfic rights-af-�vay under � this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City I and in accordance with the directions of the Building Ofticial and the Director of Transporiation ! and Public Works of City. i --�I��. ��`-�-_---- ,.,, �, ,: ,� �,,��N�,o � � '� ��l�l '�� '��'�� ; � ��,p ,�o I ��t� ��;R��,1�1� ; ��a•��,�. ��J� fU` � W � 0 L Gtl � j i;. i=--=-�z--� �- i CONSENT A6REE�AEPITfar Temporery us=_ of pubfic prapertyl dcc I 3. 1Tpon expiration of this ag►•eement and the privileges granted hereunder, there shall be ❑o encroachment by Grantee in, under, on or above the surface of the public rights-oF way involved. d. Grantee agrees to pay in advance an encroachment fee for the tempocaiy privilege of encroaching upon a portion of the public rights-of-wa�� as described in E�zi6it "B". Said fee is calculated in the manner and amounts prescribed by the Building Code of the City of Fort Woith for temporary use or occupaiicy of publ'[c properly. The eslimaleci total �6unt of said fee is: � 2�� _ �1 S X � -Y�`2 _ z��_� �. Grantee, at no expense to City, sliatl make proper provision for the relocation and/or install2tinn oP any existing or future traffic control devises or other improvements affected by st►ch encroachment, use aizd occupa�icy, inchiding the securing of approval and consent from the lppropriale agencies of the State and its political subdivisions. [n the event that any installation, reinstaliation, relocation or repaic of any e�usEing or future traffic control device or improvement owned oe constructed by or on behalf of the public or at public e;cpense is made more costly by virtue of the eYistence of stich encroachment and use, Grantee shall nay tn Ci .ry 1nd �dditiona.l amount equ�( to suc(i additionai cost as determined 6y City. 6. The term of this agreement shall be for ,�days, fi�om �O to _� �� p Provicled, ho�vever, shouid the need for the encroachn�ents granted h reundec at any time cease, Grantee lgrees to immediate(y notify City of sucli condition; and, upon receipt of stich notice by the Building OPCcia1 oF the City of Fort �iorth, tliis agreernent shall terminate. i 7. ' i [t is expressly undcrstood and agreed that tt�is Consent A�•eement is for a temporary � encroachnie�it in, under, over and upou the public property as located and described in Exhibit i 4--_��—�— -- —;? r, I� �, � r ,r.� , � � w �, I�1'� �(' � r'�� "V� l�L��;... A.��.�1 h �N� " :?; ��. ��l u Z ,�,�� ;!,��;,;�?� ..: � � C�NSFNT AGRcEMFNTfor Temporar� u5e of puWit pro ertyl � i';!��;; �1;, �'; I i � I� ��? � .. ., ?. Ic � ��: � _. _.._v�__.__..— , "B". This agreement shall not be construed as the granting of a permanent easement, encroachment or license upon City's puf�lic streets, al(eys, sidewalks, or other rights-�f-way. 8, City; througi� _its duly aiithorized representatives, shall have the fult and unresiricted right Eo enter upon all public rights-of-way for the purpose of making inspections to determine com�liance with the terms, covenants and conditions herein. In the event that any inspection shoufd reveal a breach of any terrns, covenants or conditions herein, City shall give Grantee noCice vf such breach. Should such breach not be corrected by Grantee within twenty-four (24) hottrs of receipt of ilte notice, or within such shorter period of time as deerned necessuy by the Bt�ilding Of�cial for the protection of public health or safety, City may terminate and cancel this a�reement. 9. Upon expiration or termination of this agreement for any reason ivhatsoever, Grantee shall, at no expense to City, restore the public rights-of-way and adjaceut stsppot�ting struchires to a condition acceptable to the Director of Trinsportation and Public Works o►• his drily luthorized representative and in lccordance with then existing City specifications, and Graniee shall remove all barricades, equipment, supplies, materials or other property fi�om said location. Gr�ntee fwther covenants and agrees that for a period of one ( I) year after the termination of tltis Consent Agreement, Grantee will repair all conditions or clamages to the streets and sidewalks or other rights-of-way that have resuited from C'rrantee's use or occupancy of the stc•eets and sidewalks or other rights-of-way, as deterniined 'oy the Director of Transportation 2nd Pub[ic Works or his desiguee. Grantee agrees to begiu such repairs within thirty (30) days of receipt of no[ice from the Director of "Tr�nspoi�tation and P��blic Works or his desiguee. t-lll repairs shal( be perfoemed in an espeditious and workmanlike manner and shall comply with all lpplicable la4vs, codes, ordinances and City spec[iications. [n the event tttat Grintee fails t� comply u�ith d�e coven�nts herein contained with respect to such rem�val or restoration, the City shall have the riglit to remove or dispose of any barricades, equipment, supplies, materials or other property and repair any conditions which in the opinion of ihe City are neeessary to bring the public rights-of-`vay to the condition prescribed herein, and City shall not be responsibfe for tr•espass or any other damage or liability ii� coiinection with sE�cli removal or restoration. Grantee shall reimburse City for the cost and expense of such rernoval ancllor repairs irnmediatzly follo�ving billing for satne Uy Ciry. -__— �- --- `�;��'��li`,'�1 �� 3 '��'l' ��;G°?��G�1� CoNSEPtI"AGREEIAENTforTemporary;�se�fputr'i p�op .Aac7:� �'��f �j p/q 4 :;"iri il L'JII �U II �� 1'1 �f � � ��"J I�i�. U�' U l. �� a Nod�ing herein shall be constn�ed as a �vaiver by City to enforce penal sanc�ions prescribed by the Code of the Ciry of Fort Worth and the laws of the Stata of Texas For Gran tee's c�ntinued encroachment upon the pub(ic rights-of-way fo(lowing termination of this Consent Agreement. 10. It is further t►nderstood and agreed beriveen the parties hereto that City holds t(ie city streets, alleys, sidewafks and other pub[ic rights-of-way, including tfte portions of st�ch streets used and encroached ttpon as describecf herein, as trustee for t}ie pnblic; that City e:cercises such powe►-s over the srreets as have been delegatect to it by the Constitution of the State of Texas or l�y the Legislature; and tite City cannot contract away its ciiity and its lejislative power to control the streets for the use and benefit of the piibfic. It is accordingly agreed that if the govei•ning body of City, to wit, its City Cotmcil, shall at any time dtn•ing the term liereof determine in its so(e discretion to use or cause or permit to be used for any public purpose the said encroached portion of the sh-eets, then this agreement shall be auto�riatica(ly cxucelecl and ter�iiinated. 11. Urantee agrees to comply fiiliy with aU npplicahle federal, state and local laws, statutes, orc(inances, codes or regulations in connection with the cunstructioii, operation and maintenance oFsaid encroachmen[s and uses. 12. Grantee agrees to pay prarnptly tvhen due all fees, ta�es or rentals provided f�r by this agreement or by any federal, state or local stahie, (aw or regalation. 13. Crantee covenants and agrees that it sha(1 eYercise aIl rights and privileges granted hereunder 1s an independent contractor, ancl not as an officer, agent, se�vant or emp(oyee nF Ciry; that Grantee shall have e�cclusive conh-ol of and the erclusive 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 o�cers, agents, servants, e�nployees, conirlctors, subcontractors, licensees and invitees; that the doctrine of respondeat superior sh111 not lpply as beriveen City and Grantee, its o�cers, agents, seevants, eRip[oyees, contractors and sEibcontractors, and nothin; herein shall be construed as creating a partnership or joint enterprise bet�veen City and Grantee. i 4 �, �, r„ ,^o/�('r�^�'- p� �°!'Iµ1(�/I i CONS6`lTAGREE!dENTfcrTemporaryuseofpubfic o�J�.�d.'��.�,�-�� •J+)�VJ'�"" � 'v'' � L� !�� G� io ��,'1 i� � ,,�L`i ,� � ��:'.•��i�n� �'�c?e � , .... 14. GRA�ITEE �OVENAi�TTS AND AGREE� TO Ad�DE�r1�1i IFY, r��TD DOES HEREBY li�IIDEIVII�'Y, HOLD HARMLESS AY� DEFEIVD CITY, I'TS OFFIeERS, AGE�TTS, SERVANTS AND EiyIPLO�i'EES, FR01VI :1iYD AGAP� tST ANY AND ALL CLAINFS OR SUITS FOR PROPERTY DAh�IAGE OR LOSS :�.t�(D/OR PERSONAL Ii`tdURY, CNCLUDI�vG DEATH, TO Ai�1Y AND ALL P�RSOIVS, OF WIiATSO�V�R KND �R CFIA.RACTER, WI3�'THER REAL OR ASSERTED, ARISI[�i� OUT OF OR IlY CONNECTION WITH, DIRECTLY OR II+tDIltECTLY, THE NIAINTE�AI�1C�, OCCUPAlvlCY, USE, EXISTTNCE OR LOCATiON OF SAID �NCROACHNIENT AND USES GR�iiNTEID HER�UPIDER, �VH�TH�R OR NUT CAUSE, iPd WHOLE OR PA12T, BY ALLEGED NEGLIGEIVCE OF OFI�'IC�RS, AG�NTS, S�RVANTS, �I�PLOYE�S, CONTRACTORS, SUBCONTRACTORS, LiCENSEES OR NVITEES OF CITY; A�D GRAIVTEE H�I2�BY ASSUiYIES ALL LIABId,ITY AND R�SPONSIBTLIT`d OF CiTY, ITS OFFIC�RS, A�El`ITS, SERVANTS AND EMPLOYE�S, FOR SUCH CLAIIVIS OR SUITS. GRAIYTEE SHALL LIKF,WISE ASSU�ViF �LL L[AB[LITY ANll RESPONSIBILITY Ai�Tll SHALL INDEM�IIFY CITY FOR ANY AND EiLL INJURY OR DAMAGE TO CITY PROPERTY, ARISPIG OUT OF OR li�i CONN�CTTON WITH A'1Y Ai�1D ALL ACTS OR ONIISSIONS OF GRANT�E, TTS OI+FIC�RS, AG��TS, SERVANTS, ENiPLOYE�S, CONTRACTORS, SUBCO�iTRACTORS, LICESNE�S, INVI��S OR TI2�SPASSERS. 15. Grantee lgrees to fi�rnish City with a Certificlte of Insurance, naming City as certi�clte holder, as proof that it has seaired and paicf for a policy oPpublic fiability insurance covering all public risks re[ated to tl�e proposed use and occupancy of public propetty as located and described in Exhibit "B". The amounts of such insurance shall be not iess that the following: Property dam�ge, pec occun�ence $100,000.00 Bodily injury, per person $250,000.00 Bodily injnry or death, per occurrence �500,000.00 With thc undcrstanding of and agreement by Grantee that sitch insurancc amounts sh111 be revised �ip�vaE-d at City's option and that Grantee sliall 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 (east thirty (30) days' prior written notice to the Building O�cial 5 �, n h/', ,, r, r- !,� ^� if �I�t, I �( •!' 't i�'i i > �i'I(��' V G�1� ��` COMSENFAGREE�AENTforTempaaryusenfpuhlicpropert�l.A r. •� �,' i 11 I 'v��L� ��!;'��'a��f �•�,r:,.-;jj U /� ��irl �, I i��T �� .: `"J I. U !1 � G�. � of the City o= Fort �Norih. A copy ef such Certificate of Insurance is actached as E:chioit =`A". Grantee agrees to submit a similar Certificate of Insw�ance annually to City on tne anniversary date of the executian of this agreement. Grantee, agrees, binds and obligates itselC it successors and assi;ns, to maintain and keep in to�-ce such public liability insurattce at all times during the term of this agreeme�t and until the removal of afl eneroachments and the cleaning and restoration oFthe city streets. �.[l instirance coverage reqEiired herein shall include coverage of all Graneee's coniractors. I6. Grar.tee covenants and agrees tliat it �vifl not assign all or any of its rigttts, privileges or dur.izs under this contract �viihout prior written approval of City, and any attempted assignment without stich prior written �pproval shall be void. 17. This agreement shail be binding upon d�e parties hereto, their st�ccessors and assigns. 18. Shoulci �ny lction, whether reai oc asserted, at faw or iu equity, arise out of the terms and conditions of this agreement or out of thc use and occupancy oF City propei�ty as permitted hereunder, venue for said action shlll be in Tarrant County, Texas. 19. [n any action brouglit by City for the enforcement of the obligations oF Urantee, City shafl be entitled to recover i�tterest and reasonab(e attorneys' Pees. E�CECUTED this � day of i��_ , 200fy. GRANTOR: CITY OF POE�T WORTH ,� � (��',mcCti ��t;C`�� - �` /�� Builctrng Official �� ( " � �, 4 �� tl � 'J� 1 \ " '��'� "'N �'�tJG `' ,, �'n� '\�`°�� ,ti ��''� `�` ��'' �? 2� ;'j;�il',�)11 �� Lqe �� •;� C � 0 CGNSEtuT .4GREEPdE�Tfcr Tamccrer/ usa ol puhlic prcGerh�S.Coc APPRO � TO ' T F,C'rALTTY: -- � Asststant ity Attorney City Secretary j NO h�i&C I��QIIII��D Date (� -Lbb(o Date �� ,, r:��' � �.� �:;��!��v�,;!1 ° a.' �1 ��f ��l;R��;�?� ,: � ,-, U �� `�� ;�,_�, �; �� , � �� f ��, CONSENT AGREEMENTPor refnporery use of Fublic oropartyi.doc STATE OF TEXAS CO UNTY OF TARRANT BEFORE ME, the undersigned aarthority, a Notafy Public in and For tlie State of Texczs, orc tltis day perso�zally appeared 1�/�./D / �� <<< i��11�� `� ,knofvit to me to be the person fvl:ose �Zafne is srrbscribed to tlte foregoing instrurnent, and acknowledged to me tlaat lie/slze executed the same for tlae purposes and consideration thereifa expt•essed, as tlre act ai2d deed of T�`�'/ �x- t�r �/ !%C/�f�'� . , and i�i tlze capacity ticerei�z stated. ,GIVEIV UNDER MYHAND AND SEAL OF OFFICE this ��1� day of �.i; ��,;�=L 20� . � �� Affia�i �SST F�L.�11 �� j�l� �i \ ��if��_ , Title * ` 1 ? � / :� r--� Ct �. �' --� Notary Public in ctnd fo Tlte - , � ,,,, �_ ,o�aarn �,, 2. G. NAREZ LL� : o." ;. _';' �' = Notary f�ublic, State of Texas ,��+��,. My Commission Expires �%;`,;;;; � September 10, 2009 8 r� r, r�, � p, ^ '� ;;�'��.�J�;!� '�t� � �� ' ,� ; `'��i� ,�� t�,J�ti� ��1 �,-:f. � ,.-�� IS ',T...'1.. �; ,� � J �� ':'d �� 1•: 11� � �i. G � ,.S'7'�4 TE O F' 7'EXA�S' C`�tTIVTY OF 7'�1d�RA1V7' BEFOIZE IVIE, i�te untle��sign 1 authorify, �r NoP�rty Public in and Fo Strde o Texr�s, o�z 's rl� e�sonally rapper�t•ed ��G_ �,� ,Ic�iow� 10 me to be tlie peNsott wltose nrttne is suGscPibed fo t/te fof�egoiftg instrr�rne�it, and ricltnowlerlge�l to me t{arrt lae/slze exect�terl tlie srime fnr t)ze pccNposes ranrl consirleYrrPinn t/ieNeiyz exl�resserl, as t�ie act «nd �lee�l of �znd in trae ctcprccity Phef�ein staterl. G VF_N UNDER MY�ANDA,ND SEAL OI'OF'FIC'E tlais� � rl�ay of �l' 201�� 7� 2"-�"J�-�+`�C'�r�' a/M.n d � / �/oiary Prcblic rn r��i�l foY T6ce Strrte nf Teacas �� - .�-�� =,o :,e�cv^ ,.AF, e` .h_<.c --a_:.s��:a�.��.�" - o�P�`v p�'��, B�RBARA K. KENNEDY * � * Notary Public STATE (�F TEXAB 9iF oF .�'� My Comm. Exp.10/Q4/2009 v:r.n, . " �� i, ^ �;;}��]�::,]�;�1'�i��" �. r�� °i ��;!� 'I� 1\(°�� t�� :��;��i, ��, ,.. :''. a. � . :4. �• _ r " -i , Contractors Name: �jl'% / !% � / Point of Contact: �%J�G ,�p / [SX/ ; Phone Number: ��3 � j�/ / � Building Permit Number� P/-� nS - a9�� w. Puipose for Closure: � � Gi� `� �+� Begin Date: . End Date: %� Type of Taper accordi.ng to posted speed lir.iit: i Tapers @ 30 YfPH lOft Offset 30ft minimum Tapers @ 35 MFH 1Qft Offset 35ft m;nirrn,m � Tapers @ 40 MPH tOft Offset 40ft mini.mum f�L �0/3 O� a��c,�t. t i ��=�� - � „ ��. ,,=_-� , , - IvY�� .r[- a1,1�I, in, � �,��;�'l ',�(�5'`- vl' �L"J ��ti� `;��?��'�� 'J II 'i;��iif;�n�i �IC�\:e II o '�' ACORD,� CERTIFICATE OF LIABILITY INSURANCE o;;05, 6°""""' PROOUCEIi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ��`?-347-6825 or 800-728-2374 X 2253 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ginbotham & Assoc., IfIC. ' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. r 0 Box 908 Fort Worth, TX 76101 INSURED Innovative Developers Inc 930 W. 1 st Street Suite 201 Fort Worth, TX 76102 COVERAGES INSURERS AFFORDING COVERAGE ir,suaea n: Admiral Insurance Com �r,suaea e: James River Insurance INSURER C: ' INSURER 0: INSURER E: NAIC # US Risk THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED.TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OFi OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OA MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXC�USIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LiMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTiVE POLICV EXPIRATION DA M DATE M D L1M�TS A GENERAL LIABILITY , CAOOOOO94F)OO� O%IOZ/Os O7/OZ/O% EACH OCCURRENCE S� OOO OOO X COMMERCIAL GENERAL LIA8ILITY DAMAGE TO RENTEO SJ�O OOO ClAIMS MADE � OCCUR MED EXP (My one person) 5 PERSONAL 8 ADV INJURY S� OOO OOO GENERALAGGREGATE SZ OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG SZ OOO OOO POLICY PRO- JECT �� AUTOMOBILE LIABILfTY COMBINED SINGLE LIMIT g ANY AUTO (Ea accident) ALL OWNEO AUTOS BODILY INJURY s SCHEDUIED AUTOS (Per persan) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE g (Per accidenl) GARAGE LJABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO EA ACC S OTHERTHAN AUTO ONLY: qGG 3 B IXCESSNMBRELLA LIABIUTY OOO� 73%O O%IOZIOs O7IOZ/O% EACH OCCURRENCE SZ OOO OOO X OCCUF � CIAIMS MADE AGGREGATE SZ OOO OOO S DEDUCTIBLE S RETENTION S g WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 3 OFFICER/MEMBER EXCLUDED? E.L. OISEASE - EA EMPLOYEE S If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE • POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCWSIONS ADOED 8Y ENDORSEMENTI SPEqAL PROVISIONS u� �, �; i�� I�� 11 '�j i1��1 ��',�1 Certificate holder is included as an additional insured with a waiver of � �vv subrogation issued in their favor as respects the General Liability policy ��1� �!��;,�� '`�� where required by written contract but only in accordance with policy r�� ;V�J;`�, �,}�,U �� terms, conditions and exclusions and only with respect to liability arising �° ��: � n r LL � (See Attached Descriptions) -� _— --_----_ ciry of Fort worth 311 West 10th Street Fon wortn, rx �sioz SHOULD ANY OF THE ABOVE DESCRIBED POIICIES BE CANCEILED BEFOfiE THE EXPIRATION OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL �� DAYS WRfTTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIIITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZEO REPRESENTATIVE �L�.ara,Ge i� �' ACORD 25 (2001/OS) � of 3 #M179287 0 ACORD CORPORATION 1988