HomeMy WebLinkAboutContract 28183 i - � •i-n �, :z�; i CITY SECRETARY 0 l
CONTRACT NO.
CONSENT.AGREEMENT
FOR
TEMPORARY uSE OF PU13LIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
TMS 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
Off cial, herinafter referred to as the "City"' an
acting by and through its duly authorized
hereinafter referred to as
"Grantee".
WITNES, SETH:
1. .
For and in consideration of the payment by Grantee of the
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 portions of
the space under, on and/or above the streets, alleys, sidewalks r other
Cher
Public rights-of-way
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The 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 streets, alleys, sidewalks or other
public rights-of-way under this agreement shall be in strict compliance
with the Charter, Ordinances and Codes of City and in accordance with
the directions of the Building Official and the.Director of Transportation
and Public Works of City.
3
Upon expiration of this agreement and the privileges granted
hereunder, there shall be no encroachment by drantee 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 `T". 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
V75_0oI K Kc -I
A [ICS A FEA.°ICJ
5.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing*or future traffic control
devices 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 an additional amount equal to such additional
cost as determined by.City.
6.
The term of this agreement shall be for—,,")—days, from A 0 2
to LL22'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.
r
It is expressly understood and agreed that this Consent Agreement
is for a temporary encroachment in, under, over and upon the P ublic
property as located and described in Exhibit "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
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 malting 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
MY authorized representative and in accordance with then existing Cl'; ^1
l`�y � m
t, OF.,, C"vi,� G� C100PRIf)
1C1r� r n�1 1J
specifications, and Grantee shall remove all barricades, equipment, ;n �n f�
supplies, materials or other property from said location.on. IG3 �
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 too.the streets and sidewalks or other rights-of-way that
have resulted from Grantee 5 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(3 0) 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.
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
j
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 lights-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 that 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, should 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 COMPIY My 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 statute._ _'__ _'___"
law or regulation. t<< 1'0"
13.
Grantee covenants and agrees that it shall exercise all lights
. 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
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,
g nts,
servants, employees, contractors and subcontractors, and nothing herein
shall be construed as creating a partnership or joint enterprise between
City and Grantee.
14.
Grantee covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend City, its officers, agents, servants
and employees, from and against any and all claims or suits for p ro 'e
p rt1'
damage or loss and/or personal injury, including 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 caused in
whole or in part, by alleged negligence of officers, agents, servants,
employees, contractors, subcontractors, licensees or invitees of City,`• r .r� !;, -_
and grantee hereby assumes all liability and responsibility of rl]�
City, 1tS
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
licensees, invitees or trespassers.
15.
Grantee agrees to furnish City with a Certificate of Insur
ance, naming
City as certificate holder, as proof that it has secured and paid fora of
public liability policy of
ty insurance covering all public risks related to the proposed use
and occupancy of public property as located and described in Exhibit
The amounts of such insurance shall be not less than the following:
.
g
Property damage, per occurrence
$100,000
Bodily injury, per person
$250,000
Bodily injury. or death,per occurrence
$500,000
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 amounts immediately following notice to grantee of such
requirement. Such insurance policy shall provide that it cannot be canceled
or amended without at least thirty(30j days' prior written notice to the
Building Official 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. tl
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t h
Grantee agrees, binds and obligates itself, its successors and assigns,
to maintain and keep in force such public liability
tY insurance at all times
during the term of this agreement and until the removal of all encroachments
anal the cleaning and restoration of the city streets. All insurance coverage
required herein shall include coverage of all of 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 the 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.
Should any action, whether real or asserted, at law or in equity,
out of the-terms and conditions of this a �
agreement or out of the use and
occupancy of City property as permitted hereunder, venue for said action
shall be in Tarrant County, Texas.
In any action brought b 19.
g y 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— da of ��
y 2009,
GRANTOR: GRANTEE:
CITY OF FORT WORT
B
BUILD FG OFFICIAL, BY:__
DATE:
C SECRETAR DATE:
Contract Authorization
Mato
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is
r��o �I._.'i�o
STATE OF TEXAS
COUNTY OF TARRANT.
BEFORE ME,the undersigized arithority, allotaryPublic in and
F •the Sta of on this day personally appeared
,known to me to be the person whose
name is subscribed to the fol e oing instrument, and acknowledged to the
that helshe executed the same for pier os cnd consi eration therein
expressed, as the act and deed of e ,
and in the capacity therein stated:
GlVEAl'UNDER lYIY AAD AND SEAL OF OFFICE this `�' � day
pf 20 '
Affiant
Notrtry Public in and for'
The State of Texas
Y
R.G. NAREZ
Notary PublIc
STATE OF TEXAS
s�q ora My Comm,asp,091113105
zz
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of as, n this day personally appeared
name is subscribed to the for g aoe g In men m t be the person whose
that he/she executed the same for the purposes and cons ilerationethterein me
expressed, as the act and deed of
and in the capacity therein state
Of H
GIVEN ZINI3ER My
D AND SEAL OF OFFICE this
14ffant
Title
Notary Public in an or
The State of Texas
�ianYPr,�,n
R.G. NAREZ
Notary Public
* * STATE OF TEXAS
OF My Comm.Exp,09/.10/05
12
Contractors Name:
Point of Contact:
Phone Number:
Building Permit Nam er: 0
Purpose for Closure 5-z'I l
Be Date: End ate- I I—/ = - .
Type of Taper according to posted speed limit:
Tapers @ 30 MPH loft Offset 30ft minimum
'7 Tapers @ 35 MPH 10ft Offset 35ft minimum
Tapers @ 40 MPH 10ft Offset 40ft minirm�m
Cale.
Nock ' frrow
21
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3 OR LESS
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a t by: INDEPENDENT INSURANCE GROUP 972 231 8291 ; 10/21/02 5:19PM;je1& #989;Page 1/1
CIm��w T F LIABILITY 9 N OP ID DATE(MM/Dom)
IN -1 10/21/02
MR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
independent Insurance Group HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
3010 LSJ Freeway Ste 920 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas TX 75234-7004
Phone: 972-231-8277 INSURERS AFFORDING COVERAGE
INSURED PSGik4Anag @*® taoyLCGroup Inc. ; INSURER A: Am®risure .CoBeanies
American L:g t, LPy- INSURERB: United.States Fire Ins. Co-
37 5 S �ICapi a , f ;INSURER C: Old Republic insurance
375 S. Capa al of T®aea9 Hwy
Suite 299 INSLRER D:
Austin TX 78 04
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED FLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REOUIREMENT,TERM OR COND ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMICMTHIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFO DED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHO MAY HAVE BEEN REDUCED BY PAID OLAIMS•
140 LTR TYPE OF INSURANCE - _ POLICY NUMBER DATE IAWD DATE MMMDm N LIMITS
GENERfsLLIABILITY EACH OCCURRENCE S1,000,000
A X COMbiERCLU.GENERAL LIASI ITY CPP2000228 07/01/02 07/01/03 -FIRE DAMAGE(Anyone ru•e) 5100,000
cLA1MS MADE 0 UR MED EXP(Any om Person) ;$ 10,000
_
PERSONAL 8 AOV INJURY ;$1,000,000
GENERAL AGGREOAATE _ $2,000,000
��'POL-
LAGGREGATELIMITAPPLIE3 ER: PRODUCTS-COMPIOPAGG 62 00Q 000
` I JEC OC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT'
A X ANY AUTO CA1380838 07/01/02 07/01/03 (Eeaccidarn) 51,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS $1,000 COMPREHENSIVE I (Ptrparran)
X HIRED AUTOS $1,000 COLLISION
800ILY INJURY $
X NON•OWNEDAUTOS (Peracudm)
PROPERTY DAMAGE S
(Par eroidont)
GARAGE LIABILITY AUro ONLY•EA ACCIDENT S
HANY AUTO OTHER THAN EA ACC S _
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE 55,000,000
B X OCCUR CLAIMS IM E �530B9a701 c 3SR331S29 07/01/Q2 07/01/03 AGGREGATE S 5,000,000
Excess - Is
DEDUCTIBLE W/Kemper :s 20 000,000
X RETENTION 30 Insurance ;s 20,000 000
WORKERS COMPENSATION AND X TORr uMrrs ER _
C cMPLOrERS'LEABILmr WC1467705 07/01/02 10/01/02 E.L EACH ACCIDENT 31,000,000
~
A I -"
WC13808390302 10/01/02 10/01/03 E.L DISEASE-EA EMPLOYEE $ 1,000,000
OTHER E.L DISEASE-POLICY LIMIT 31,000,000
i
A Bldgs/Cuts-All L c � CPP2000228 07/01/02 07/01/03 H1dg6Cnts $7,447,016
LeasedE i nt iIM1380835 07/01/02 07/01/03 LeasedEV $250,000
DESCRIPTION OF OPERAMON8/LOCA71 NSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
.Duster Electrician Robert Jones License number 3907
Fax: 817-871-8944 / 817-834-0126 /214-357-5794
CERTIFICATE HOLDER :ADDITIONAL INSUMDI INSURER LETTER: CANCELLATION
C ITYFTW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
City of Forth Worth NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Dopart— n t ef 33avolopmen t IMPOCC NO OOI.IOATION OR 1.{NOILITY OF ANY wNO UPON T140 INSURER,ITS A06NTS o+z
Electrical Eection
1000 Throckaorton REPRESENTATIVES.
Ft. Worth TX 76102 AUTHORIZED REPRESENTATIVE
Pater Mulcah
ACORD 2S-S(7197) ACORD CORPO. ON 19$8