HomeMy WebLinkAboutContract 52255 _ f
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CRY SECRETARY
��� CONTRAcT No.
� 05
CONSENT AGREEMNT
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, hereinafter referred to as the"City"and 'V c &r4C Caru wD
Acting by and through its duly authorized agent, 5 a-h !
Hereinafter referred to as"Grantee".
WITNESSETH:
For and in consideration of the payment by Grantee of charges set out below and the true and
faithfi►I 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: It((. Wow +ovi
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T'he 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.
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OFFICIAL RECORD
C�ITY SECRETARY
' CONSENT AC,REEMENTfcv emporT use oqu6Hc property"1"doc
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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.
d.
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
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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:
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Grantee, at no expense to City, shall make proper provision for the relocation and/or
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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
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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
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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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b.
The term of this agreement shall be for 3I days,from 515 120 Iq to (oo 2-*Iq
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.
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
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CCNSFNT AGREEl,1FNT4or Temporary use of public propertyt.doc
"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.
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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 j
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
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 3
designee. Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from j
the Director of Transportation and Public Works or his designee. All repairs shall be performed ?
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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.
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CONSENT AGREEMr:NTfor Temporary�ise of public propertyt 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
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 i
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
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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 pudic propertyl.doe
14.
GRANTEE COVENANTS AND AGREES TO INDEIVINIFY, AND DOES HEREBY
INDEMIFY, HOLD HAIUMLESS 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
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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
GRANTEE HEREBY ASSUNIES ALL LIABILITY AND RESPONSIBILITY OF CITY, f
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
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ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TRESPASSERS. i
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
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Bodily injury, per person S250,000.00
Bodily injury or death, per occurrence S500,000.00
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
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CONSENT AGREEN1ENTfor Temporar/usa of puhlir grope&/l rfnr.
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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
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,
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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. [�
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EXECUTED this 50 _day of Af-Cr
GRANTOR: GRANTEE:
CITY OF FORT WORTH _ 11" f3e6k CawvtP
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OFFICIAL RECORD
CONSENT AGREEMENTfar Tempe / sj p .JS�Ry
A OVED TO F ND LFGALiTY:
Assistant City Attorney Date
C ty ecretaryO kDate
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CONSENT AGREEMENTfer Temporary use of public propertyl.coc
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STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Puklac in and j
For the State of Texas, on this(lay personally appeared
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,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 11AA
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and in the capacity therein stated.
GLEN UNDER MY HAND AND SEAL OF OFFICE this day
Of , 20.
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`o'RYEP��;ALICE MELISSA LAWRENCE
A jZant -+,' (��*_MY COMMISSION EXPIRES
,✓/ APRIL 4,2022
s; NOTARY ID:131517330
Title
Notary Public in and for
The State of Texas
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RFT
ICIAL RECORD
Y SECRETARY
WORTH, TX.
F TEXAS
!
STAT OF d EXAS
COUNTY OF TARRANT
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BEFORE[LIE, 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 helshe executed the same for the purposes and consideration therein
expressed, as the act and deed of ,
and in the capacity therein stated.
G N "ER MY HAND D.SEAL OF OFFICE th day
Of 20
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�p0.Y OGa SHONTE JONES !
Afflant i U Notary ID#131720011
My Commission Expires
Title ortE September 12, 2022
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l Diary Pi c ' and for
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The State of T as
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9 OFFICIAL RECORD
CITY SECRETARY
FT. WORTHo TIC
Contractors Name: (?n,
Point of Contact:_
Phone Number:�g
Building Permit Numbef:_ pg(V
\ Purpose for Closure-
Begin Date: S / End Date:_
Type of Taper according to posted speed limit:
Tapers @ 30 MPH,1 Oft Offset,150'minimum
Tapers @ 35 M2H,1 Oft Offset,a05'minimlim
P. Tapers @ 40 MPH,1 Oft Offset,3�65'minimum
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AC ® DATE(MMIDDIYYM
CERTIFICATE OF LIABILITY INSURANCE 06/25/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
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).
PRODUCER NCONTACT
Willis of Texas, Inc. PHONE 1-877-945-7378 FAX NO: 1-898-467-2379
c/o 26 Century Blvd
MAIL
P.O. Box 305191 ADDRESS: Corti ficatesewillis.cam
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Nashville, TH 372305191 USA INSURER AFFORDING COVERAGE NAICN
INSURER Ar ACE American Insurance Company 22667
INSURED INSURERS: RSUI Indemnity Company 22314
HCSsok, Ltd.
1807 Ross Avenue INSURERC: ACE Property ai Casualty Insurance Company 20699
Suits 500 INSUREAD
Dallas, TX 75202 INSURERE•
INSURER F:
COVERAGES CERTIFICATE NUMBER:W6600783 REVISION NUMBER:
THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSA TYPE OF INSURANCE POLICY EFF POLICY EXP
jam POLICY NUMBER LIMITS
X COMMERCIALGENERALLIABILITY EACH OCCURRENCE ; 1,000,000
.E TO RENTED E
CLAIMS•MAOE FK OCCUR Rcn rca n_„mn 1, 00,000
A MED EXP(Any one e(son) $ 10,000
Y CGO- G29114825 07/01/2010 07/O3/2019 PERSONAL&ADV INJURY ; 1,000,000
GENt AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE S 2,000,000
POLICY�JECT LOC FROOUCTS-COMP/OPAGG i 2,000,000
OTHER:
S
AUTOMOaB.BLIABILITY COMBINED TINGLE-LIMITMe scddont) = 1,000,000
X ANY AUTO BODILY INJURY(Per person) ; I-
A OWNED SCHEDULED Y CAL- H09090502 07/01/2018 07/01/2019 BODILY INJURY(Per accident) $AUTOS ONLY AUTOS
HIRED AUTOS ONLY AUTOS! OONLD E
PROPE RTY AMAG
S I
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B X UMBRELLAUAB I %0I OCCUR EACH OCCURRENCE ; 10,000,000
P.XCE99LU16 CLAWS-MADE Y NHR083332 07/01/2018 07/01/2014 AGGREGATE ; 10,000,000
DED tIFTENTION I
WORKERS COMPENSATION X H• j
AND EMPLOYERS'LIABILITY --- [
A ANYPROPMETORIPARTNERIEXECWNE Y J N E.L.EACH ACCIDENT ; 1,000,000, ((
OFFICERIMEMSEREXCLUDED? NIA Y RNC- C48591432 07/01/2018 07/O1/2019 """---
(Mandatory tnNH) E.L.OfSEASE-EA EMPLOYE S 1,000,000
N yyeeaa dsscre under 1,000,000
OESCRIPTK3IV OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S
C Excess Liability - 2nd Layer Y XCQ G28139093 003 07/01/2019 07/01/2019 Bach Occurrence $10,000,000
ggregate $10,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Addlllsnal Remarks Schedule,may be attached If more space Is required)
City of Fort Worth is included as an Additional Insured as respects to General Liability, Automobile Liability and
Umbrella/Excess Liability policies where required by written contract. A Waiver of Subrogation applies in favor of t
City of Fort Worth with respects to Workers' Compensation policy as required by written contract and as permitted by
law.
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CERTIFICATE HOLDER CANCELLATION ffffff
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Fort Worth AUTHORIZED REPRESENTATIVE
Planning a Development Department
1000 Throckmorton St. Wt(r
Fort Worth, TX 76102 l �
01988.2015 ACORD CORPORATION. All rights reserved. i<
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
sa 10: 16350254 saTcs: 762435 x
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Wo
Name of Emp oyee/ gnature
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
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