HomeMy WebLinkAboutContract 34438�� �� �� �� � �� �
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CONSENT AGREEMENT
FOR
TEMPORA.RY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COIJNTY OF TARRANT
T.HIS AGREEMENT is made and entered into by and bettiveen the City of Fort Worth, a
rr�unicipal corporation of Tairant County, Texas, acting herein by and through its duly authorized
Building Official, hereina$er referred to as the "City" and �l'Zos. S, 'Q urr.t , I.TL
Acting by and through its daly authorized agent, �Ce�� lYl�sj� rAt ,
Hereinafter referred to as "Grantee".
WITNE�SETH:
For ancl 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 tempa•arily enaroach upon, nses and occupy portion of the space under, on an�i/or
abnve the streets, alleys, sidewalks or othe►• public rights-of-way as follows: �O� p4� �.� fy
�i�h+ ,��' �:;ry � -Fo inclu� �ub1%G Si'd�u/�/K , �'or (5s' �,F TExR�
�,+?re�- ;,�I�s� om te�secfiQn w�-f�. ��aN stre�t c.�C �Sy �- �N 5,�,-�-
The location and description af said eneroachment is rnore particularly describecl in Exhibit "B"
attached hereto, incorporated herein and made a part hereof for all purposes.
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t�[l nse and occupancy of public street, alleys, sidewalks or other public rights-of way under
this agreement sha1l be in strict compHance with the Charter, Ordinances and Codes of the City
and in accordance with the directions of fhe Building Offcia[ and the Director of Transportation, _- _. -_
and Public �/orks of City. �=;i;ti���,V,f �.L `; `'��C.'',;, '
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3.
ilpon expiration of this agreement and the privileges granted hereunder, there shall be �xo
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 Exhibzt "B". Said fee is
calculated in the manner and amounts prescribed hy the Building Code of the City of Fort Worth
for temporary use or occupancy of public property. The estimated toial amount of said fee is:
(,550� �F �TE�hs sr. )+�t5(j 5F �.i�N sT} = 31 pp 5F
3,�oc� sF ��. OIS Isr- �DAY = �55.5o%►aY �- -
3(05 .�AYS x $55`b/[�4� ' �'�? 0`�57.sa
5.
GTantee, 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 hy
such encroachment, use and occupancy, including the securing of approvaf and consent from the
appropriate agencies of the State and its po(itical subdivisions. In the event that any installation,
reinstailation, relocation or repair of any existing or fuhire i�•affic 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 st►ch encroachment and use, Grantee shall pay to City and additionat
amount equa( to such additional cost as determined by City.
6.
The term of this agreement shall be for 3� s days, from ����`�� t, to � a�� 1�a 7,
Provided, however, should the need for the encroachments granted hereunder at any titne cease,
Grantee Agrees to immediately notify City of sueh condition; and, upon receipt of snch notice by
the Building Ofrcial of the City of Fort VVortlt, ttiis agreement sl�all terminate.
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7. `
it is expressly uncierstood and �greed that this Consent A�eement is for a temporary �____._ __--�--
encroachment in, u�ider, over and upon the pt►blic property as located and described in Exhib t�;,`,2� � i�,:� � 1c'`� ��,! 1. �.
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CONSF_NTAGREEMENTforTemparoryuseofpuWiepropertyi.dcc - j
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"B". This agreement shall not be construed as the granting of a permanent easement,
encroactunent or license upon City's public streets, alleys, sidewalks, or other rights-of-way.
S.
City, through its duly ai�thorized representatives, shall have the full and unresFricted right to
enter upon all public rights-of-�vay for the purpose of makiug inspections to determine
compliance with the tern�s, covenants and conditions herein. .In the event that any inspection
shonld reveal a breach of any teims, covenants or conditions herein, City shall give Grantee
notice of such breach. Shoulcl such breach not be correctecl by Grantee within twenty-four (24}
hoars of receipt of the �otice, or within such shoi�ter period of time as deemed necessary by the
Buildiag Off'icial Por the protection of public health or safery, City may terminate and cancel this
agreement.
9.
Upon expiration or termination of tfiis agreement for any reason whatsoever, Grantee shall, at
no espense to City, restore the public rights-of-way and adjacent supporting structures to a
condition acceptable to the Di►�ector of Transportation and Public Works or his diily authorizecl
representutive and in �ccordance �vith then existing City specifications, and Grantee sl�all remove
all barricades, equipment, supplies, materials or other property fi•om said location. Grantee
fi�rther covenants and agrees that for a period of one ( l) year after the terminaiion of this Consent
Agreement, Grantee will repair all conditions or damages to the streets and sider�valks or other
rights-of-way that have resuited from Grantee's use or occupancy of the sh�eets and sidewalks or
other rights-of-way, �s 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 noiice frotn
the T�irector of Transpo��tation and Public Works or his designee. All repairs shall be performed
in an expadiiious and tivortcman[ike manner and shall comply with all applicable laws, codes,
ordinances and City specifications.
In the event that Grantee faiis to comply with the covenants herein contained wifih respect to
such removal or restoration, the City shall have the riglit to relnove or ciispose of any barricades,
equipment, supplies, materials or other property and repair any conditions tivhich 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 clamage or liability i� connecti�n with snch
removal or restoration. Grantee shall reimburse City for the cost and e:cpense of such cemoval
and/or repairs immediately following billing for saine by City.
3 CANSENTAGREEMENTforTrmparary�seotpub'icproperiyt.doc
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Notlting herein shall he construed as a waiver by City to enforce penal sanctions prescribed
by the Code of the City c�f Fort Worth and the laws of the State of Texas for Grantee's continued
encroachment npon the public rights-of way following termination of this Consent Agreement.
10.
It is fiirther tuiderstood and agreed between the parties hereto that City holds the city streets,
alleys, sidewalks and other public rights-of-way, including the partions of such streets used and
encroached upon as described herein, as trustee for the public; that City exeraises such powers
over the streets as l�ave been delegated to it by the Constitution vf 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 die use and benefit of the public. It is accordingly agreed that if the govert�ing body of
City, to �vit, its City Council, shatl at any tinie during the term hei•eof determine in its sole
discretioit to �se or cause or permit to be used for any public purpose the said encroached portion
of the streets, then this agreement shall be aiitorr�alica[ly cance[ed and terminated.
11.
Grantee agrees to comply fiilly with all ap�licable federal, state and l�cal laws, statutes,
ordinances, codes or regulations in connection �vith the construction, operation and maintenance
uf said encroachments and uses.
12.
Grantee agrees to pay promptly �vhen due all fees, taxes or rentals provided f�r by this
agreement or by any federal, state or local stahie, ]aw or regulation_
13. �
Grantee covenants and agrees that it shall exercise all rights and privi(eges granted hereunder
as an independent contractor, and not as an officer, agent, setvant or employee of City; thai
Grantee shall have exc[i�sive control of and the exclusive right to control the details of its
operations and activities on said ctescribed public �roperty and all persons performing same, and
shall be solely responsible for the acts and omissions of ifs officers, agents, servants, employees,
contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall
not apply as between City and Grantee, its off'icers, agents, servants, employees, contractors and
subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Grantee.
4 CONSENT AGREEMEM7cr Temporary usa of pudic property�.doc
14.
GRANTEE COVENANTS AND AGREES TO INDEM�TIFY, AND DOES HEREBY
7NDENIlFY, HOLD HARNiLESS ANi) DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EYIPLOYEES, FROM AND AGAI�i IST ANY AND ALL CLATMS OR
SUITS FOR PROPERTY DAiV1A,GE OR LOSS AND/OR P�RSONAL INJURY,
CNCLUDING DEATH, TO ANY A1V'D ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHEZ�R REAL OR ASSERTED, ARISING OUT OF OR IN
CONIVECTION WITH, DIRECTLY OR IlVDIRECTLY, THE MAYNTENANCE,
OCCUPANCY, USE, EX[STEIVCE OR LOCATTON OF SAID ENCTtOACHMENT AND
USES GRANTED HEREUNDER, WHETHER OR NOT CAU�E, II�T WHOLE OR PART,
BY ALLEGED NEGLIGENCE OF OFI'IC�RS, AGENTS, S�RVANTS, �MPLOY�ES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CiTY; AND
GRANTEE H�R�BY ASSUNIES ALL LFABII.ITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AG�NTS, SERVANTS AND EMPLOYEES, I'OR SUCH CLAIMS OR
SUTTS. GRANTEE SHALL LIKEWISE ASSUME ALL LlABILITY ANll
R�CPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
DAIVIAGE TO CIT'Y PROPERTY, ARISING OUT OF OR L�I CONNECTION WITH
ANY AND �iLL ACTS OR OMISSIUNS OF GRANfEE, ITS OFFXC�RS, AGENTS,
S�RVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TR�SPASSERS.
15.
Grantee lgrees 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 liabilily insurance covering all
pablic risks related to the proposed use and occupancy of pubtic property as located and
described in Exhibit "}�". The amounts of sttch insurance sl�all be not less that the following:
Property dumAge,per occurrence $100,000,00
Bodily injury, per persou . $25Q,000.00
Bodily injury or death, per occurrence 5500,OOO.QO
With the understanding of and agreement by Grantee that such insurancc amounts sha11 be revised
tipward at City's option and that Grantee shall so re�ise such amount im. ed�iaie�F�a(�aw�rn� =_-_
notice to Grantee of such requirernent. Such inst�rance policy shall provi e',,;h�trii :c�f:',b� �`
canceled or amended tivid�out at least thirty (30) days' prior written notice to �� he E�uilciing Offcial �. ;
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CONSEM' AGREElAENTfar Tempwar� use af public properM�l.A�t.
of tlie City of Fort Worth. A copy of such Certificate of Insurance is atiached as Exhibit "A".
Grantee agrees eo submit a similar Certificate of insurance aunually t� City on the anniversary
date of the execution of this agreement.
Grantee, agrees, bincis and obligates itselP, it successors and assigns, to maintain and keep in
force such ptiblic (iability insurance at all times dt►ring the term of this agreement and until the
removal of all encroachments and the cleaning and restoration of the city streets. All instirance
coverage required herein shall include coverage of al} 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 approv�l of City, and any attempted assignment withont
such prior written approval shall he void. �
17.
This agreement shal! be binding upon the parties hereto, their successors and assigus.
18.
Should �ny action, whether real or asserted, at law or in equity, arise out of the terms and
conditions of this agreement ur out of tl�e use and occvpancy of City property as permitted
hereunder, venue for said action shail be in Tarrant County, Texas.
l9.
In any action brought by City for t(ie enforcement ofthe obligations of Grantee, City shall be
entitIed to recover interest and reasonable attorneys' fees.
EXECUTED this4�` day of �c�►�i3e.2 , 20(�.
GRANTOR: CRAN .
CITY OF FORT WORTH
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APPRO �O F �EGALiTY:
Ass ant Ci Attorney
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STATE OF TEXAS
CO UNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of Texas, on this day personally appeared ���
/�a�C���� ,known to me to be the person whose
name is subscrib'ed 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 �i57"- �LOG� • D�lC1l� ,
and in the capacity therein stated.
G VEN UNDER MYHAND AND SEAL OF OFFICE this � day
of 20� .
C�o�i'YrGzv /�2��C(�Cx2��
Affiant '
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The State of Texas
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5�14 �.E OF TEXAS
COUI+ITY OF T�4RRA.NT
BEFOI�EME, the undersigned «uthority, n Notrrry Prsblic in and
7�i'nr r to Lit�{O �f TOY/)C� n� [l;ic �'n1��n,nrcnn;rll�� �'r.'�nnrnl(
.��_�L��� a� ,known to me to be the person whose
ntcrrte is suLscpzberl to fiie foregning instrument, and acknvwledgetd to me
thnt lie/she e�:ecutetl ihe same fnr flze prcrpn,ses rrnrl cnnsirlePatinn tl:erein
e.rpressed, rrs the acf and rleed nf �rmr'+ us�- � c�bi�c flr �rfT,
rand in the crr�acity therein staterf.
GIVF.N UNDER MY �IAND A1VD SEAL OF OFFICE this �� day
of 1 e,�,.-Y,`�.. , 20�.
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Affiunf
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STEPHEN ROSS PROVANCE
Natery P� S�e Of Texas
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fVatary Publrc in nnrl for
7'�te State af Texas
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1EMPORARY OCCUPAt�CY OF PUBLI� P���
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Contractors Name: I�+ai•�•�`98Z�1k.
Point of Contact: Me�.R� M�c.4�a�1'S
Phone Numbzr: 214 Zl 6- 3 a�o O
Building Permit Number: 'C�3p p-� f�(o
Purpose for Closur : tf+E.vf (;,or.I�iT �O
Begin Date: '�� � 11 O(o �nd Date: fl(�
Type of Taper according to posted speed limit:
Tapers @ 30 MPH lOft Offset 30ft minimum
Tapers @ 35 MPH lOft Offset 35ft minimum
Tapers @ 40 MPH l�ft Offset 40ft muumum
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ACORDTM, CERTIFICATE OF LIABILITY INSURANCE �2iii2o 6'
PRODUCER (817) 336-8520 FAx (817) 336-6501 THIS CERTIFICATE IS lSSUED AS A MATTER OF INFORMATION
Tucker A en Ltd. ONLY AND CONFERS NO RIGHTS 11PON THE CERTIFICATE
g �'� HQLDER. THIS CERTIFICATE DOES NOT AMEND, EX7END OR
P 0 Box 2285 AL7ER 7HE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Worth TX 76113 INSURERS AFFORDINC7 COVERAGE NAIC #
INSURED INSURERA�+�.ID2r1C1ri Zurich Ins Co
Thos S Byrne Ltd uasurteR e: American Zurich Ins Co
900 Summit Ave wsuReRc:Westchester F`ire Ins Co
INSURER D:
Ft Worth TX % 6�. �'l INSURER E:
COVEf2AGES
THE POLICIES OF 1NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 1NDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITfON OF ANY CONTRAC7 OR OTHER DOCUMENT W1TH RESPECT TO WHICFi THIS CERTIFICATE MAY BE ISSUED OR MAY PER7AIN,
7}fE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEGT TO ALL THE TERMS, EXCLUSIpNS AND GONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR A�D'L POLICY EFFECTIVE POI.ICY EXPIRATION
LTR INSRD Y1'PE OF INSIJRANCE POLICY NUMBER DATE �MMIDDIYY DATE (MM/DD/Yl') LIM1IITS
GENERAL LIA81LIiY EACH OCCURRENCE $ Z� OOO , OOO
X COMMERCIAL GENER4L LIABIlITY DAMAGE TO RENTED 3OO OOO
PREMISES Ea occurrence � �
A cv�iMs nnaoe � OCCUR CPO 3994415 03 10�1�2006 10�i�2007 MED EXP (Anyone person) 5 10 , 000
PERSONAL & ADV INJURY $ 1� OOO r OOO
GENERALAGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMff APPL]ES PER: PftODUCTS - COMP/OP AGG $ Z, OOO , OOO
POLICY X jECT LOC
AUTOMOBILE LIABILIN
COMBINE� SINGLE L1MIT $ 1� 000 � 000
X qNY AUTO (Ea acc[dent)
B ALLOWNEDAUTOS TAp 3994416 03 10�1�2006 1��1�2007 BODILYINJURY
SCHEDULED AUTOS
(Perperson) $
X HIRED AUTOS BODILY INJURY �
�' NON-OWiVE� AUTOS (Per accident)
PROPER'IY�AMAGE $
(Per accident)
GARAGELIABILIN AUTOONLY-EAACCIDENT $
ANY AUTO
OTHERTHAN EAACC u�
AUTO ONLY: RGG $
EXCESSlUMBRElLA LIABILITY EACH OCCURRENCE $ 25, OOO � OOO
X OCCUR � CLAIMS MApE AGGREGATE $ 2J� � OOO � OOO
E
C DE�uCTIeLe G2200944BOOp2 10/1/2006 10/1/2007 $
X RETENTION $ l0,OD0 g
B WORKERS COMPENSATION AND X TORY LIM�S �ER
EMPLOYERS' LIABIL�TY
ANYPROPRIETOR/PARTNERlEXECUTIVE E.L EACH ACCIDENT ^� 1, OOO � OOO
OFFICER/MEMBEREXCLUDEp7 WC 3994414 03 1��1�2�06 1��1�2��7 E.L.DISEASE-EAEMPLOYEE$ ���00��00
If yes, describe under
SPECIAL PROVISIONS helow E.L. DlSEASE -POLICYlIMIT $ 1� 000 r 000
OTHER
�ESCRIPTION OF OPERA710NS/LOCA'IIONSNEHICLES/fXCLUSIONS ADDED BY ENOORSEMENTlSPECIAL PROVISIONS
Re: Trinity Terrace
Addi.tional insured in Pavor of certificate holder i£ required by written contract. Waives of subroqation in favor of
City of Fort Worth if required hy written contract.
TIO
SHOULD ANY OF THE ABOVE pESCRIBED POLICIES BE CANCELLED BEFORE THE
C1t�j Of Fort Worth EXPIRATION OATE THEREOF, THE ISSUING INSURER WII,L ENDEAVOR TO MAIl.
1000 T�OC�{3IIOT�011 S�S'E2t 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BL1T
Fort Worth , TX % E) I.O `2 FAILURE TO DO SO SHALL lMPOSE NO OBGGATiON OR LIABILiTY OF ANY KINO UPON THE
����� � 1 �` � �� INSIJRER, ITS AGENTS OR REPRESENTATIVES.
w� � �, j r, , � 1; ��J -'"' I� AUTHORIZED REPRESENTATIVE
� r,i ;���,�,�o1;�"s �„'`� TracyTucker/JUDY ��"'�-----,��.--�—�
ACORD 25 (2001/08) `pQ � c�,1, I �. \,� : O ACORD CORPORA7iON 1988
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