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HomeMy WebLinkAboutContract 36569CITY SECRETARY +�(,, CONTRACT NO , V CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COiJNTY OF TARRANT THIS AGREEMENT is made and entered into by and between the City of Foj-t Worth, a municipal corporation of Tarrant County, Texas, acting herein by and I r Building O��einafler referred to as the "City, and Acting by and through its duly authorized agent, Hereinafter referred to as "Grantee". WITNESSETH: For and 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 temporarily encroach upon, uses and occupy portion of the ordeer, on /or the streets, alleys sidewalks or other public rights-of-w y as followssolt The location and de"ription of said encroachment is more particularly described in Exhibit attached hereto, incorporated herein and made a part hereof for all purposes. Z. A11 use and occupancy of public street, alleys, sidewalks or other public rights-af--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 O�eial and the Director of Transportation and Public Works of City. 1 1T gLh1 r`il .utt'uN,e CONSENT A6REErAENrfor Temporary usa of pubic, propedyl doc Q .I —'�n—Q �' iQ��•�G IN s. TJpon 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. 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 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 estimated total amount of said fee is: Ad 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 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. 6Q v The term of this agreement shall be for �O days, from o �1i % to�� , Provided, however, should the need for the encroachments granted ereunder 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 2 CGNSFYT AGRFEb1F M7ror Temporary use of public T his 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. 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. 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 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 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. 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. 3 CONSENT AGREE�AENTfor Temporary use of public '�� uG:o' 14. GRANTEE COVENANTS AND AGREES TO INDENI\i TIFY, AND DOES HEREBY INDEMIFY, HOLD HARNIIESS 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 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 ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, 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 ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENNEES, INVITEES OR TRE, SPASSERS. 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 propetty 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 Bodily injury, per parson $250,000.00 Bodily injury or death, per occurrence S5003000400 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 5 CONSENT AGREEMENTfor 7empaary usa of public propertyl of the City of Fort Worth. A copy of such Certificate or insurance is attached as EX;iiuii "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 successor 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 al! 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 acid 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. l9. 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. alk EXECUTED this �►� day of Q t-t GRANTOR: CITY OF FORT WORTH Building Official GRAN E: Title dF CONSENT AGREEMENTfor Temocran/ use of public propertyl.doc Cif �� II ���, �� � 1 AP . O D TO FO AND LEGALITY: As istant City Attorney City Secretary REQUIREDNO M&C IIZg lob Date CONSENT AGREEMENTforTemporary use of puhlic properiyi.doc xv } � , 5 41� STATE OF TEXAS COUNTY OF TARRANT BEFORE 1VIE, the undersigned authority, a Notary Public in and SL ��;fte St of T xas, 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 fort urposes and consideration_ ther in expressed, as the act and deed of , and in the capacity therein stated. GIVEN UNDER HY HAND A.ND SEAL OF OFFICE this day of 20L.Q.71. Affiant 90 � IU i�i c C/rt�rc Title 6� Notary Public in and for The State of Texas R. G. NAREZ Notary Pubiic, State of Texas My Commission Expires September 10, 2009 v STATE OF TEXAS COUNTY OF TARRANT ZeAtatiel RE ME, the undersigned authority, a Notar in and For tf Texas, on this day personally appeared ,known to me to be the person whose name i0fibscribed to the fore ob that he/she executed t same f expressed, as the act and deed an in d ' the capacity therein stated. � j L �l UN DE F AN � D SEAL OF OFFICE this // day of 20- _N 0 The State of Texas f��r�, flrr�� �FrH s? Contractors Name; / ( Point of Contact: CC -- Phone Number: ! . / Building Permit Numr�r; Purpose for Closure: Begin Date: .�,.�,y ; �>c�fal C� Type of Taper according to posted speed limit: Tapers@ 30 MPH IOf4 Offset 30ft minimum Tapers @ 35 MPH loft Offset 35fi minittmm Tapers @ 40 MPH 1 Oft Offset 40ft minimum ►c' PROPERTY 3 DAYS OR LE MO TER HAN 3 DAYS 80D S6ZFT. X�d/�X�—DAYS _ SIDEWALK FEE-�--SQFT. X X DAYS STREET FEE- To-A����a� APPLICANT MUST. CALL FOR AND RECEIVE AN INSPECTION AFTER ALL APPROPRIATE.BARRIERS OR OBSTRUCTIC�1�lS ARE IN PLACE: v i��� `�.������ l 1r�`;V�;�� D' ����t� �����?��;'�U� Fax Server 8/17/2007 11:47112 AM PAGE 2/002 Fax Server ACORD. CERTIFICATE OF LIABILITY INSURANCET DATE(MMlDDlYY, PRODUCER 07/OI/2008 08/17/2007 LOCKTON COMPANIES, LLC1 KANSAS CITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W. 471h Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas City Mo 64112-1906 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (816)960-9000 ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. INSURED 1063933 MID -CONTINENTAL RESTORATION CO„ INC, ATTN: SUSAN BROWN PO BOX 429 FT, SCOTT KS 66701 INSURERS AFFORDING COVERAGE A: INSURER D �= C;OLEMONT BROKERS � ----••- - + ncrneytrVlAnvE OR PRODUCER AND THE CERTIFICATEHOLDE 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID rl Alms GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY VTC2J-CO-13IJ81OA-UL-07 07/01/2007 07/01/2008 EACH OCCURRENCE $ 1 000 00( FIRE DAMAGE (Any one fire g 1 OO OO( CLAIMS MADE X OCCUR X CONTRACTUAL MED EXP An one erson $ 10 00( PERSONAL & ADV INJURY $ jO0000C G GENERAL AGGREGATE $ 2 000 OOC ENL AGGREGATE L M IT APPLIES PER: PRO- PRODUCTS- COUP/OP AGG $ 2 000 OOC POLICY JECT LOC AUTOMOBILE LIABILITY A X ANY AUTO VTJ-CAP-13IJ811I-TIL-07 07/01/2007 07/01/2008 (E�6adEDt)srNGLELMIr $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY X HIRED AUTOS $ XXXXXXX (Per person) X NON -OWNED AUTOS BODILY INJURY $� (Per accident) XXX PROPERTY DAMAGE GARAGE LIABILITY (Per accident) $ XXXXXXX ANY AUTO NOT APPLICABLE AUTO ONLY• EA ACCIDENT $ XXXXXXX OTHERTHAN EAACC $ XXXXXXX EXCESS LIABILITY AUTO ONLY: AGG $ XXXXXXX C X OCCUR CLAIMS M14ADE 66A3UB0000018-03 EACH OCCURRENCE $ 5,OOQ000 07/01/2007 07/01/2008 AGGREGATE $ 500,000 ❑ UMBRELLA $ XXXXXXX DEDUCTIBLE FORM X RETENTION $ 10,000 XXXXXXX B WORKERS COMPENSATION AND ,� $ XXXXXXX TC2K-UB-8651B92A-07 07/Ol/2007 07/Ol/2008 X TORYLIMIT ER EMPLOYERS' LIABILITY TORY LIMITS ER B B *EXCEPT MONOPOLISTIC STA S E.L. EACH ACCIDENT $ 1,000,000 VTRH-UB-0012C452-07 * (NE,, O 07/Ol/2007 07/01/2008 E.L. DISEASE • EA EMPLOYEE $ 1 000 000 OTHER E.L. DISEASE- POLICY LIMIT $ 1 nnn nnn DESCRIPTION OF OPERATIONS/LOCATIONSA+EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT(SPECIAL PROVISIONS RE: SINCLAIR BUILDING, 512 MAIN STREET, FORTH WORTH,TX. City of Forth Worth, TX, its officers and employees are additional insureds as respects liability coverage and subrogation is waived as only to extent ofwritten contract. respects WC, GL, AL and Umbrella for this project as permitted by state. Lisurance shown applies 194693U CITY OF FORTH WORTH, TX, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATTN; STREET MANAGEMENT SECTION DATE THEREOF, THE ISSUING INSURER WILL c"' cn no ry1A1L 45 DAyg WRITTEN 3110 W, IOTH STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,R'rr cArr r RS n en FORT WORTH TX 76102 DR AUTHORIZED REPRESENTATIVE ACORD25-S(7/97) For questions rowdingthis ariftals,conkettl*mmtierlisted inlM'Produwfaaclfona6ovaand apxiyttaclNricodaNlocoti: ` o AMIM CORPORATION aa"