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HomeMy WebLinkAboutContract 29128 CONSENT AGREEIMN iTY SECRETARY Q ONTRACT NO. 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, herinafler referred to as the "City"' and acting by and through its duly authorized hereinafter referred to as "Grantee". WITNESSETH: 1 For and in consideration of the payment by Grantee of the charges set out below and the true and faitbfu.l 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 or other public rights-of-way as follows: l��°r�►2 t-f-e,9 l� P✓1.o hr��D�c/' o sr/' .�i�� r��-��L 0 P1f A4 Z-d c r <3 e_T7y lir/ 4 rrf 7© j CcrniV Cd • 1 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'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 Worts 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 Grant----'O- continued encroac'nment Z lI _ 4 l 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 i and Public Works of City. 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 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 7 3D sq �1 4 V 5. I 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 I 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 ` 1 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�����3 to f o o 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 `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. 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 upon the public rights-of-way following termination of this Consent Agreement. 10. It is further understood and agreed between the parries 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,bem 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. I1. 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 statute, 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 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 subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. Gra-rtee covenants and agrees to inde=' y, 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 property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever Icind 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; 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, licensees, invitees or trespassers. 15. Grantee agrees to furnish City with a Ce uucate of insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance co vering 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 than the following: Property damage, per occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $5001000 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(?0) 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. Grantee agrees, binds and obligates itself, its 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 of Grantee's contractors. 16. Grantee covenants and agrees that it will not assign all or any of its rights,privileges or duties undath;s 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. 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. 19. In any action brought by Cit.,,, for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attomeys' fees. EXECUTED This day of —, 204. GRAN'T'OR: GRANTEE: ' CITY OF FORT ORTH r BBY. � ING OFwl_ "T APPRO DTO-FORM AND LEGALITY: 1� L S5� TTO Y DATE: CltY SECRET DATE: ASn m n!Ad Contract Authorization 1.1q�+a STATE OF TEXAS CO UAITY OF TARRANT. BEFOREME, the undersigned authority; allotaryPublic in and Fofi the Stat TaNjaA on this day personally appeared ti. ,AJIM n tome to be theperson chose name is subscribed to the foreg ' ;instrument, and acknowledged to ine that he/she executed the same for the puros s az d consideration tltere'rt erpressed, as the act and deed of. , and iti the capacity therein stated. GI T UNDER IYIYHAAD AND SEAL OF OFFICE this _ day Of ZO Afftartt /Votary:Public in and fo Th e State of Texas �,t►xrw � rR. G . NAREZ Notary PubHc * STATE OF TEXAS �q�OF any Cortin. Exp,09/10/06 .II STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary eublic 4'n and For the-State of Texas, on this day personally appeared 'L�� - r�e ,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 , and in the capacity therein stater GIVEN UNDER MYHAND AND SEAL OF OFFICE this day Of S z.,-►tw � , 20 c'. Title Notary ublic in and for The State of Texas LISA GREEN Notary Public,State of Texas ,9 4� My Commission Expires 02-21.05 Fof 12 Contractors Name• S Point of Contact roe-r,� Phone Number. 1 - Z BuildingPcnmtN=bcr: J-O Purpose for Closure: ' 2f Begin Date:9-1�-D� End Date: hi Type of Taper according to posted speed limb: Tapers @ 30 MPH 10ft Offset 30ftnnmnmm Tapers @ 35 MPH 10ft Offset 35ft minimum --�14 Tapers @ 4011PH I Oft Offset 40ft m;n_nmm 0-41k k, �5 X r2 78© sgl-7 ��� --got-4-t Z, R -TEAAPOPAW OCCUPk4CY OF PU3UC WOM;ERTY MORE 714AN J DAYS 3 D,*-' WEEWALY, FEE- ,b 1 SOR VRI k STr< T FEF Q SQA=T. X X _ Ay v *PLC- WT MUST CALL FOR AND RECEIVE AN ON AFrEP ALL APPRC)MATE BARKQS OR OBSTRUCT)OM PLACE IZ OAT& - _ u�..� • :�JL' iuil-Jail L")01 `Y E S RANCE 1/3 ao+�po,rr olr�l/o3 V2700 TMS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION )Henry Bowie Troy LLP ONLY AND CONFERS NO SLIGHTS UPON THB CERTIFICATE k CratraI Drive HOLDM TWS CRRTIFICA"Ta.DOES NOT A2� M,EXTEND OR ALTER THE COVERAGE AFg RDED BY THE POLICIES BELOW, llas, TX 75251 INSVRM AFFORDING COVERAGE MAIC) .u= INnmzLm St.Paul Firs do Marine 24767 James R. Thompson, Inc. patwmY, SL Paul Mercury Ins, Co. 24791 2929 CarWle iwnlltmi.r—, National Union Fire Ins C 19445 Suits 300 C+DURFRD, Centennial Insurance Co, 19909 Dallas, TX 75204 COVERAGES THE?CI 1C1M OF IN5URANCE LLS=B8LOW HAYE 3EEN ISSUED TO THE INSURED NAMED A30VZ POR THE POLICY FEWOD 1KDiCAT0-NOrW1TMTANDING ANY REQUU04ENT.TERM OR CON DMON OF ANY CONTRACTOR CTHDZ DOCUMERT WITH 318 MI TO WMCH 71US CERTIFICATE}LAY BE ISSUED OR MAY PERTAIN,THE L'ISVRANCS APFORDED MY-nM POLICIES DMCRIBED HMMN IS SUW9CT TO ALL THE TMIJUS,EXCLUSIONS AND CONDITIONS OF SUCK POLICII_S.AGGRWATEL11.t1TS SHOWN MAY HAVE BaM REDUCED BY PAID CLA11dr. I NTD TWIE Of I?d9XrKAN= POLICY NUMBER POLICY IMC71W POLICY lxPIRA O LIMITS A GLNLRAI,LLUHrLY KKO9101508 01/31/03 01/31/04 FACUOCNARENCa SLO00,000 X c9Mi,nCIAL CENVLALLILAMU1rY DANAGSTO=Kr= r o 00 CLAINI MADa fjx�o=,a M3D XXF —www) 110.000 PER9ONALAACV W-=T S1.000,00 GrxuwL*OG1 c.TR :2 U00 000 GII�'L ACGaPGATS L151IT APPLIES PER: ntoo(iCT7.Cvw"Aro r 2000 OOO 5-anA PRO- J{ LOC B AVTOWORMS UAart TTY KA0910002AS 01/31/03 01/31/04 MA WC16MKI msrncL¢Lrrlrr '110001000 X ANY AM ALL OWSED AUTOS DOMY 3I'WRY 7C}93WL=AUTOD (>IW P"Wo Z MM AUTOS .�,)URT s X NON.O"ED AUTOS -- PROPMtTY DA Acx s GARA.CE Ll4SlL7rY A VTO ONLY-EA ACCMRD1T I ANY AUTO orAER THAN EA ACC % AUTO OlIM AGG f C 2xCWA1I./1p L,.LLA8ILITY BE2987544 01/31/03 01/31/Od &kCNoctintnsy+ca 116 00 000 occult ❑CLAW MADE A042MATE 16,000,000 I DEDUC11EL13 S 1 X xzrEKM-.4 S510,000, s 8 WOKUMCOMPEMATION UM Vi'VK9101769 01/31/03 01/31/04 X wcsrATu. am- 04PL0Y%"'LIADIL rV S.L,21CU ACC.MWJT s1 000,000 ANY MOPIf):TOp/PARNQ1llESfF,ClJ77VL� O"1CRK^ffi JM ZcmuOEDI No 1:.L.DISEASE•&A EMPLOYM sl 000 000 uro d..com wokm C1AI . VISIO _ — P-L_DazAsE-Pm rr 31,000,000 D onsRx lwtailsition 759024999 01/31/03 01/31104 $5,000,000 per Project D &Builders' Rials All Risk-Subject ID Poilcy Terms, S1,000,000 Frame/Drick Conditiow, Exclusions and Deductible o(Sl 000 5250,000-OftskcJTrnsL I)MCIIPnON Or OPI;R.ATION!f L.00AT3oN8/VKlGCL8D 1YSCLU&lON9 ADDCO 1Y RNAO951M2Kr 19PRCIAL PROVLKo?4 CLRTIFMCAT£HOLDER CANCELLATION BFIOtI1S.Ny Or tr>s waov=DraCStlEm POCIC38 88 C VEC2UIID Ei5 O5L!rd8 1QCCP3lUT3o City of Fort Worth, it,& DATz'i'Ifl;ILYOI,TNl 1DDU1NC Ir�uresn YVILL 2Nn>zayOR.TO MAIL- 11r OAY9 vmrrT6`( Of(seers & Employees NOTTCS To THE CSRrIP1CnT8 Ifo LD6R NAA JCD TO-PSR LArr,,SUr rA�URR TO DO 40 Sn ;M7,cCt NO oEUC.�rrON OIL LIADILrry or A.,y u1M UPON TIC INSURER,M AG"M OR RRPR938l+rATTVrS. .i LORLLJm �9�3aM'ATTYS CORD 25 (2001l0g) 1 of 2 #M41609 KM, G 0 ACORD CORPORATION 1423 l3