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HomeMy WebLinkAboutContract 36567(:UNBENT A.GREEIv1ENT FOR TEMPORARY USC OF PUBLIC PROPERTY STATE OF 'TEXAS COTJT�ITY OF TARRA1aT THiS AGREEN:TF..NT' is made and entered into ny and between the City of Fort Worth, a municipal corporation) of Tarrant County, Texas, acting herein by and through its duly authorized i3uiiding Official, hereimfler referred to as the "City' ant{ _ 01 Acttt�g >Sy and thzaugh its duly authorized agent, _ �,�i. ; fereintrtter tetbrr•ed to as "Grantee". For roar) irr cori=siih;ratiorr of the paymont-by Grantee of charges set otrt below arrd the trtrc arrd I aithful 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, alloys, sidewalks or other public rights-orway as follovvs: (pOQ 14v a-sf f) 2 ne tocatron and description of said encroachrnerrt is rnnre partietrlar'ly described in Exhibit "D" attached hereto, incorpornted herein ant! made a part hereof for all purposes, T, A)1 nee and occupancy of public street, aEIeys, sicicwallcs or otlror public rights-oi'-way under this agieetnerrt shall fre in strict c crmpliartce 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. CONSBNt' ACt2FEMENTtar 7amparary uxe of WubGc L rlpon 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. 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 calculates[ 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 estitnatei total amount of said fee is o s >z . o /5 x_— Grantee, at ►lo expetlse to City, shall matte propel• provision Cor the relocation aad/or installation of any existing ar iziture traffic control devises or other improvements affected by such encroachment, use and oocttpancy, 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 nkore costly by virtue of the existence of such encroachment and use, Grantee shall pay to City and additional alllaut]t equal to such additional cost as determined by City. The term of this agreement shall be. for.. from LD�� to '- I f Provided, however, should the need fbr the encroachments .granted hereunder at an tiro 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. It is expressly understood and ttgr-eed Chat this Consent r-1.grsemettt is for a temporary enc)•oachnkent in, inkier, over and upon the public property as locatecJ and described in >sxhibit COM5ENS AGRF;EMENTtor Tampaary usa of pubficpmpadyt.doc "B". This agreement shall not be construed as Lite granting of a permanent easement, encroachment or License upon City's public sheets, alleys, sidewalks, or other I V art of --way. City, through its duly authorized represen#atives, shall have the full and unrestt•icted right to enter upon all public rights -of -way for iho purpose of tralcittg insp:.ctions 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 twenty4our (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 safely, City may terminate and cancel this agreement. 9. Upon expiration or termination of #his agreement for any reason whatsoever, Grantee shall, at no experts€ to City, restore the public rights-of-lvay 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 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 periodof one (1) year after the termination of this Consent 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 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. Itt the event that Grantee fails to comply with the covenants herein contained with respect to such removal or restoration, the City shall have the tight 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 rernoval or restoration. Grantee shall reimburse City for the cost and expense of such removal and/or repairs immediately following billing for sarne by City. i 3 CONSENT AGREEMENTfor Temporary use of pu6!icproperiyi.doc i IM YFW/ Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed by the Code of the City of Fort North 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 bet4veen 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 file State of Texas or by the Legislature; and the City cannot contract away its doily 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 agreenaenl shall be automatically canceled and terminated. Grantee agrees to comply fully with all applicable federal, state and local laws, staturtes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. Grantee agrees to pay promptly when due all fees, taxes ar rettta(s pravided for by this agreement or by any federal, state or local statue, law or regulation. 13. Grantee covenants and agrees that it shall exee•cise all rights and privileges granted hereunder as an it -dependent eontr•actor, and not as an officer, agent, servant or employee of City;. fl-at Crranfee stall have exclusive control of and the exclusive right to conhol the details of its operations and activities on said described public property and all persons performing satne, 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 respottdeat superior shall na# apply as between City and Grantee, its a�cers, 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 AGREEN]ENTfcr Temporary use of puElic prooeriyi_doc d t l { �qq 14w i GRANTEE COVENANTS AND AGREES TO INDEMNIFYy AND DOES HERE BY i FIDE 1 Y, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR WITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, CNCLUDING DEATH:, TO ANY AND ALL PERSONS, OF WHATSOEVER OR CHARACTER, WTIETIIER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITII, DIRECTLY OR INDIRECTLY9 THE MAINTENANCE, � OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND k USES GRANTED HE, RE,UNDER, WHETHER OR NOT CAUSE, IN WHOLE OR. PART, 13Y ALLEGED NEGLIGENCE OF O3+DICERS, AGE,N S, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS) LICENSEES OR INI VITEES OF CITY; AND GRANTEE HERE' BY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITVt ITS OFFICERS9 AGE, NTS9 SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKE, WISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDE MNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH kNY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS Oi+FICE'RS, AGENTS, l f SERVANTS9 EMPLOYEES, CONTRACTORS, SUBCONTRACTORS9 LICESNEES) t INVITEES OR TRESPASSERS. s Grantee agrees to furnish City with a CerCificate of Insnf•ance, 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 thatthe following: Property damage, per oceurrence $100,000.00 Bodily ry, Per parson b250,000.QQ Bodily injury or death, per occurrence �500,000.OQ With the understanding of and agreement by Grantee that such insurance amounts shall be revised upward at City's option and that Grantee shall so revise such amount immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days' prior written notice to the Building Official 5 CONSENT AGREE7AEMTtor 7emporar/ use pi public propetiyt.[1nr. rhV, t:itv'Of M t tWc►Mt. A %a)PY Of WWII C:'6dp;icrttc; of jD,%ufagWs. is &ttWbVd as FX}s'b* ``.A"_ CvfSantee awrees to 8Uikii',41C of [murarux; tut" talky to cut tips: �rarxi� aesas� cia% c>C i;met tut xa 4W) IS Atg=MCIkL lz,ax tae, t'ee; , blrtcls aatu v li :�5es tLssjC, it cztrs si rs MCI UGXWV;� tc= srisittfalix and keep in lOrce stach public hahility lAsurame at 8,11 f1pl ;s du.>f ig the wan of this A r eirient and 1apz#1 tje re irlcrv:1 c'f �xl1 Mncroscltz �.nts axed the c1t:Ett�zxtt; 8i1s� t :xr�ti"al t CRY 041 U• I'm in"6t Y40*00 coverage requiml hercht alwil include covv;rago c3 tst! Gnintea's Onjvtrwecze�. 1�. +:3rantee I taVzii&11Ei;, ajtd a v�criy g it vr111 n€.ztt assa all or may (if its xigbes,, pxir.srt;Wq q1 duti trndeq this r ntr bt t W1t19tSfit ,p'"o3 I�r� lc�Fei! fag j�2CPF�A. t1rC `ik1r 6jir 5 �� ¢e idF�7t Y s t,;it fP,t2�Liik vtfl Cr3if such prial, written approval stfalt be. vc)id. This agrc:ezr ent 311all be. binding rttsatr OW laarti, st tacN•CItc3, t9t��t sucP���>rs rarxri ig�is. �ili4uld ita�y ,trct'c+�n, t�rfe:.fh+:�• s�ai isr u�wAtt:d, at .1,rw car iux c�.ltaei�+, .taY•i;gz+ rrtit oP' t�'ic: t�:rr�� tta�r! GtYiSftlt£Cil!$ of t ties ftl�ir.¢ 3iii;73€ e S Out Of OR; i,30 Ond or 4:LYWEkk;:y 5� g j6y rtdC?�vYty i�? 11ti Y1TAt�ifi:f6 t:terounder, 'Vel se fbi gain motion ;;hall bK, crx T mrt•anc iCuairttY , '1"emirs_ .190 In Orly actirYnbrought by C; -fLk; sad erzt"nf4�E3atxraYxt tl fg t?1311 fit' {.iA.lc3tflr", tr'll slat 1 s`tS§ "Mci ded to mctrvor• intOA4"t and re r¢re►r:able sattorijoy ' €c�&. _Jr�000 f:sttfid;rc� c.e. 400 ems• a L.�--f NIc fi'o7x'rfl' ` U.er, 4UVED TO rufuly.1 AiNTD LEE>ALtTY: Assistant City Attorney 1Nr.* City Secretary 1 7 top, Date CONSENT AGREEIN�N7for Temporary use of pubGo proporM •roc 1,0 /i�,uUr`, J��'FC�`T�E Ii�E, file tfr�rlersigttefl rzzztlzoriiy, fd �I©tf�;� I'zrblic in and �'pr� ij�e F�`t t�rtzs,,on this dray personally appearefl ,known to me to be the person whose -- the foregoing instrument, and acknowledged to nze at lieJslte executed the saine for tl purposes and consideration therein expressed, as the act and deed of -� and in the capacity therein stated GIVE IV UNDER [�f`�IAl+ll�A1� SEAL OF OFFICE this• �_�a -- natrze is subscribed to ffiant f I rifle D day \IIII,,,II o SPY R. G. NAREZ Notary Public, State of Texas M: so No My Commission Expires �II�IFOFtEip September 10, 2009 �Illlllll\\\\ on thu'V dity pk'i'sdAut lly qr9 -w toins to be h perrors whow sT'nounre issubsCribeirl to thef regro ng aTutrument, g€Yfsll firpliowle(, ed, to Ime thal 3selshe €x0ectued tfie samefiv tirepurposes and consi eralion therellf LJr�� I �µ fir: sec. as Me get and deedl �� o ._ ride SUSANA R. KELLUM NOIARYPUBLIC STATE OP TEXAS COMMISSION EXPIRES: OCTOBER 15, 2008 I se State of Texas i S / ^ sue-/��-- I TEMPORARY OCCUPANCY OF PUBLIC PC 3 DA MORE THAN 3 DAYS SIDEWALK FEE- 115D. SQFT. X % o ITX^ STREET FEE- SQFT. X X_ Contractors Name: C /e G •&4 Paint of Contact: Phone Number. �uildmg Permit Number 4P Purpose for Closure:�lw�...tr.......,ct Begin Date: t� / o End Date: ii / Type of Taper according to posted speed limit: Tapen 0 r4 30 WH 100 Offset 30ft mi nwM Tapers Q 35 AVII I Oft Offset 35ft mininnnn Tapexs @ 40 AeH I Oft Offset 40f% nuiniutucn APPLICANT MUST CALL FOR AND RECEIVE AN INSPECTION AFTER ALL APPROPRIATE BARRIERS OR OBSTRUCTION` APN7-2007 03:59PM WHIM RIGG CO 8178208183 T478 P.002/003 M29 C®R®MDATE (hiMIDQNYYY) r CERTIFICATE ®F LIABILITY INSURANCE 4 27/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Vim, gigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main Street, Suite C-SD HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort worth Tx 76LO2 ALTER THE COVERAGE AFFORDED BY THE POLICIES SEI. OMl. (E17) 820-8100 (817) 870-0310 INSURER_S AFFORDING COVERAGE NAIC# INSURED INSURERA Travelers L10 de Ineuranco Co__ XRK Group, LI d. INSuRERa- Trevelera IndeLMnity Co of CTKHK �a Construction, ct,ioa, LLC 120 120 S. 1 Ind 2ndStrcct IN$URERHwrt£Csd TJnderwr±1:6=0 Ina Co C: FOxt Worth TX 76102 INSURERD: ^_ I INSURER E COVERAGES ' THE POLICIES OF IidSLIRANCE LISTED BSLOVV.=rA�E ^vc€N ISSUcP TO TFiE NJSU€iEC NFvfEC ABOVE PC%R 1'HE POLICY PERICD INDICATED- NCTV`�ITF;3TANDING 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 113 — INSRPOLICY EFFECTIVE POLICY EXIRATIONLTRoPOUCV1NUMBER DATEI4 I LIMITS GENERAL LIABILITY EACH CCCURRENCE $ 1 000 ODO A X COMMERCIAL GENERAL LIABILITY 166075S0B741-TCT-07 4/30/2007 4/30/2008 S,S onoc c e S 100,000 CLAIMS MADE I OCCUR MED EXP (Any pna piston) $ 5, 000 PERSONAL& ACV INJURY S 110001000 GENRPALAGGR6GaT 20OD0,08D GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG S 2 , 000. 000 JFQT POLICY PRO' LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 13 1X ANY AUTO 5A-106339336-07-SEL 4/30/2001 4/30/2008 (Ea nCddel) b 1,000,00D ALL OWNED AUTOS BODILY INJURY S SCH6DVLt DAUTOS (Parp=gn) _X HIREDAUTOS BODILY INJURY S X NON-OWNEDAUTOS (Pdf=6den0 PROPERTYDAMAGE S (Por ��aCont) GARAGELIARILIV AUTO ONLY -6AACCIDENT S ANY AUTO EA ACC S OTHER 'lHAN AUTO ONLY: AGG u rx0ESSJUM6RELLA WA61LIlY EACH OCCURRENCE A Fx] OCCUR 0 CLAIMS MADE XWCOP104DY162-TCT07 4/30/2007 4/30/2008 AGGREGATE 5 2,000,000 5 DEDUCTIBLE 5 X RETENTION S io,00a B C WORKERS COMPENSATION AND 46 WE NW64B7 11/1/2006 ll/l/2007 ;C wcsTAru-fl orH- EMPLOYERS' LIA0IUTY T.OUulmI.T. AN/ PROPRIHYONPARTNEWE7CECUTIV2 El. EACH ACCIDENT $ 1,000,000 OFFICEWMEMBER EXCLUDEW 'El. DISEASE • EA EMPLOYI2 y 1 , 000, 000 S EC AL PR d ISIO E.L. DISEASE . POLICY UMIY $ 2 , 000 000 SPECIAL PROVISIONS E6IO,v OTiiER Hua.inesa PerPonal Prapezty Limit: $150,000 A COJGrcial Property/ 26607550H741-TCT-07 14/30/2007 4/30/2000 LOaood or panted Equipment Inland Marine Limit! 321,500 DESCRIPTION OF OPERATIONS T LOCAYIONS l VERICLFS l aCLUSIONS ADDED BY ENDORSEMENT T SPECIAL PROVISIONS THE CITY OF FORT WORTS, IT$ OFFICERS, EMPLOYEES AND SERVANTS ARE ADDITIONAL TNSURID) ON ALL POLICIES EXCEPT WCRXERS' COMPENSATION AS RIZOUZAEO BY WRITTEN AGREEMENT. SHOULD ANY OF 7'MEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TNfl ExpIRATION CITY OE PORT WpF1,`1'1-i, T,1:,''iCA$ DATE THEREOF, THH IS3iuNG INSURtcR WILL ENDEAVOR TO MAIL 30 pgys WRITTEAJ NOTICE YO 7RE CERTIFICATE HOLDER NAMED TO THE LEF f, BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY VINO UPON THE INSURER, ITS AGENTS OR REPRtl99NTATIVE5. FORT WOAT13 TX 7610E AUTHOR12ED REPRESENTATIVE 0.CORD 25 (2001/08) r1 ernes ` At7m�iilb iTina, ;;Coo Page 1 of 2