HomeMy WebLinkAboutContract 35491 ..............j,............... .. .....................................................................................................................................
jo = JUN. 1. 2007 10; 10AM NO. 8403 P. 4
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:�. "ITY SECRETARY
CONTRACT NO.
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CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
TMS AGREEMENT is made and entered into by and between the City of Fart Worth, a i
municipal corporation of Tarrant County, Texas, actiag herein by and through its duly authorized
Building Official,hereinafter referred to as the"City"and—Au m a- rwn op—&L-L. �•
Acting by and through its duly authorized agent,
Hereinafter referred to as"Grantee". !
WINNESSETH:
For and in consideration of the payment by Grantee of charges set out below and the true mid
faithful performance of the mutual covenants herein contained, City hereby grants to Grantee
permission to temporarily encroach upon, uses and occupy portion of the space tinder, on and/or
above the streets, alleys, sidewalks or other public rights-of-way as follows:
- F3 &' W10
The location and description of said encroachment is more panic laxly described in Exhibit"B" t
attached hereto,incorporated herein and made a part hereof for all purposes.
All use and occupaftcy of public street, alleys, sidewalks or other public rights-of-way under
this ao eement 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 i
and Public Works of City. 1
t CONSENT AC.REEMUmorT@nipornn=a atpubbaprop�yt Coo 1
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3.
YJpon expiration of this agreement and the privileges- granted hereunder, there shall be no
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encroachment by Grantee in,under,on or above the surface of the public rights-of-way havolved-
4.
Grantee agrees to pay in advance an eneroac ment fee for the temporary privilege of I I
encroaching upon a portion of the public rights-of-way as described in Exhibit"B". Said fee is
cnlculated in the manner and autounts 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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5 5 4-0- sp of STOSET AT A 3 Peng_ D,"
4-2 5 7 5 F_ or- AT o I,S Poe- D 4Y
s.
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 constnicted by or on behalf of the public or at public expense is made more costly by
virtue of the exis=ce of such encroachment and use, Grantee shall pay to City and additional
amount equal to such additional cost as determined by City.
6.
The term of this agreement shall'be fot, 09 "days,frvm - -01 to 10���]
Provided, however, should the need for the encroachments granted hereunder at any time cease,
Gtantea agrees to immediately notify City of such condition; and, upon receipt of such notice by
the Building Official of the City of Fort Worth,thus agreement shal I terminate. j
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Tt is expreesiy 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
GONSEMrAGRFF)dF,pinar7ampo ryum a public pro etiyl.dw
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.JUN. 1. 2007 10: 1 1AM N0. 6403 P. 6
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"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.
S.
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 Grantcr 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 cantol this
agreement.
9.
Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall,at
no cxpease 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 determinod 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. j
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In the event that Grantee fails to comply with the covenants herein contained with respect to i
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
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the City are necessary to bring the public rights-of-way to the condition prescribed herein, and I
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
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and/or repairs immediately following billing for same by City-
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3 CONSENT AGREEMENT(o(TdnpmaryusodpubkproaMyt.dea I
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z. JUN. 1. 2007 10: 12AM NO. 8403 P. 7
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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. I
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10. �
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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 tints during the terra 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.
Granteo 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
Grantee shall have exclusive control of and the exclusive right to control the details of its 1
oporadons alLd activities on said described public property and all persons pe,forming 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 respondent superior shall t
not apply as between City and Grantee, its officers, agents, servants, employees, contractors and j
subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Grantee.
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CONSENT 40REEMENTfor Tenpwory use of p 6c propwW1.doe
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t JUN. 1. 2007...10; 12HM.................................. NO. 8403 P. ..8................
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14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HERESY
INDEINUM HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SER:'Al`.TS AND E:TiLOYEES, 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 ENCROACBME.NT AND
USES GRANTED HEREUNDER, 'WHETHER OR NOT CAUSE, IN WHOLE OR PART,
)BY ALLEGED NEGLIGENCE OF O � �IC I RS, AGENT'S, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND
GRANTEE I BY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, �
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR I
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 Or OR IN CONNECTION WITH
ANY AND ALL ACTS OR OMISSIONS OF GRAN-ME, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TRESPASSERS.
,
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'T". The funounts of such insurance shall be not less that the following: I
Property damage,per occurrence S100,000.00
Bodily injury,per person $250,000.00
Bodily unjury or death,per occurrence $500,000,00
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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5 CONS ENT S+OFEEMDMor7empaery use ofpue0ep vcrW.doc
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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 successor• and assigns,to rnaintain and keep in
force such public liability insurance at all times during the tern, of this agreement and until the
removal of all encroachments end 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.
is.
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,venuo for said action shall be in Tarrant County,Texas.
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.
EXECUTED this-dday of Zoo?
GRANTOR: GRANTEE: / �7
CITY OF FORT WORTH
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Building Official
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Title
CONSENT AGRFENENT(or Temporary u:c of public pmp@V.dx
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JUN. 1. 2007 1Q : 13kM N0. 8403
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P O D'TO F R AND LEGALITY:
Assistant City Attom Date r
Cit}r Secretary Date
NO M&C �,L�UI�IiD
CONSENTAGREEMEMrT—raryueaofPUW uoAAv
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
�jte S e of exas, on this day personally appeared
n
,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 e purposes and consideration therein
expressed, as the act and deed of ,
and in the capacity therein stated.
GIVEN UNDER W HAND AND SEAL OF OFFICE this s;ii�AL+-day
Of , 20-0-1.
Affiant
� � n� rCcal
Title
.Notary Public in and fo
The State of Texas
R. G. NAREZ
Notary Public,state of Texas
My Commission Expires
September 10, 2009
8
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STATE OF TEXAS
I
CO UNTY OF TARRANT i
BEFORE ME, the undersigned authority, a Notar , lic i n
,For the State of Texas, on this day personally appeared
,known to me to be t e person whose
name is subscribed to the foregoing instrument, and acknowledged to
that he/she executed the samefor irh urpo es an consideration tlz in
expressed, as the act and deed of_ MR
and in the capacity therein stated
G TEEN UNDER MY R',4ND AND SEAL OF OFFICE this day
of 204.
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eNotary Public in and for
f Texas2.24.2010 The State of Texas
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ACORD,M CERTIFICATE OF LIABILITY INSURANCE INCOPYD °06/01//2007
PRODUCER Serial# 101943 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CONTRACTOR'S GENERAL AGENCY,LP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3535 TRAVIS STREET-SUITE 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
DALLAS,TEXAS 75204-1466
(214)559-4887 (800)964-4242 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: BRITISH AMERICAN INSURANCE COMPANY
AUSTIN COMMERCIAL, LP INSURER B:
3535 TRAVIS STREET,SUITE 300 INSURER C:
DALLAS,TEXAS 75204 INSURER D:
INSURER E:
COVERAGES
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 POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR.LMAWL TYPE OF INSURANCE POLICY NUMBER POLICY CYCY EFFECTIVE POLI EXPMMIIID TION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY CGL-0104207 10/01/06 10/01/07 PREMIsESOEa o TE ence $ 100,000
CLAIMS MADE IZI OCCUR MED EXP (Anyoneperson) $ 10,000
PERSONAL&ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000
POLICY X PE O-- X LOC
AUTOMOBILE LIABILITY CAL 0104207 10/01/06 10/01/07 COMBINED SINGLE LIMIT
A ANY AUTO
(Ea accident) $ 2,000,000
X ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (per Peen)
X HIRED AUTOS BODILY INJURY $
X NON-OWNEDAUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKER'S COMPENSATION AND T RY IMIT ER
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
EL EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED? EL DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Austin Commercial,LP-Public Right of Way
The City of Fort Worth,its officers and employees are additional insureds on the general liability and auto liability policies as required by written contract.,and
the same is granted a waiver of subrogation on the general liability and auto liability policies as required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN
THE CITY OF FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
311 W.10TH STREET
FORT WORTH,TEXAS 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
7
ACORD 25(2001/08) C ACORD CORPORATION 1988