HomeMy WebLinkAboutContract 29046 CITY SECRETARY
CONTRACT t4O. O
CONSENT AGREEMENT
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, herinafter referred to as the "City"' and
acting by and through its dully authorized V,{g"
hereinafter referred to as
"Grantee".
NVITNESSETH:
1.
Vr)r and in consideration of the payment h,,, 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 or other
public rights-oi way as fol 1.-,«s:
The location and description of said encroacluttient 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-,,vay 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 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 upon a Po;Lion of the public rights-
of-way as described in E} Mbit `B". Said fee is calculated in the. manner
and amounts prescribed by the Building Code of the City of Tort Worth
for teiLlporary use or occupancy of public property. The estimated total
amount of said fee is
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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 fiiture 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.
Th: term of t}li` ;i c'reement shall be fo: A�days, froiT,
to .1.�_S4'T , 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 W'orth, this agreement shall
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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, encroaclunent
or license upon City's public streets, alleys, sidewalks or other rights-of-
way.
8. .
City, through its dtily authorized representatives, shall have the fiill
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 th.1,
Building Official for the protection of
terminate and cancel this agreement.
C)
Upon expiration or termination of this agreement for any reason
whatsoever, Grantee shall, at no expense to City, restore the public
rights-of-Nv ay and adjacent supporting stnrctures 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 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 leis 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 workhnanlike manner
and shall comply with all applicable laws, codes, ordinances and City
specifications.
Iii 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 ihecess��ry to bring the public rialits-of-way to the
condition prescribed herein, and City shall not be responsible for
trespass or any other damage or liability in connection Nvith such removal
or restoratioih. Grantee shall reimburse City for thee cost athd e�,pense of
such removal and/or repairs immediately following billing for same by
City.
Nothing therein 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
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upon the public rights-of-way following termination of this Consent
Agreement. J
10.
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 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 el-City, to ytit, its City Coun,i 1, should ,1t any time during the tern,
hereof determine in its sole discretion to use or cause or permit to be
used for ani- public purpose the said encroL.ched portion of tile, streets,
then this agreement shall b� autom',!tically canceled and terminated.
it
Grantee agrees to comply fully with all applicable federal, state
and lav"S, statutes, ordinances, codes or regulations M connection
wltn the COnstr11Ct1O11, operation and nlialntellance of said encroachment
and uses.
Grantee agrees to pay promptly v hen due all fees, taxes or rentals
provided for by this agreement or by an}' federal, state or local statute,
la\=✓ or regulation.
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13.
Grantee covenants and agrees that it spall exercise Al 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 bet%veen City and Grantee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein
shall be construed as cry. Q1, a partnership or joint enterprise betv"Cen
City and Grantee.
14.
Grantcc :ovunantS to I ndcmnif ,, and does hercl-)},
ina n &Q, hold harrnlass �nd AiNd Kry, An . . ' 7vvvqql
and employees, from and agahnt any and all claims or suits for property
damage or loss and/or pwon l injury, including death, to any and a1l
persons, ofNvhatsoever kind or character, whether real or asserted,
arising out of or in connection Nxith, directly or indirectl}', the
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mahvenance, occupancy, use, existence: or Jocwion ohs�aM
encroachment and uses IyarKed hereunder, whether or not caused, in
whole or in part, by alleged neghgencc of officers, agents, servants,
employees, contractors, sllbcontractors, 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 witl, 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 descril;ed in Exhibit "B".
The amounts of such insurance shall be not less than the following:
Property damage, per occurrence S100,000
Bodily injury, per person2�0 000
Bodily inj�..� l _. ,�t: i,cr _ .n500"Ji''0
tiNith the understanding of and agreement b}' Grantee that such insurance
amounts shall be revised upward at City's option arid that Grantee shall so
revise such amounts immediately foltowing notice to cyrantee of such
requirement. Such insurance policy shall provide that it cannot be canceled
OF amended without at least thirty (30) days' prior written notice to the
Building Official of the City of Fort `North. A copy of such Certificate of
Insurance is attached as Exhibit "A". Grantee agrees to submit a similar
Ell
a
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 arid 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 under this contract without the .prior written
approval of City, and any attempted assigrLment Nvithout such prior written
approval shall be void.
17.
This agreement shall be binding upon the paries hereto, their
successors and assigns.
Should any action, whether real or asserted, at laNv or in equity, arise
out of the terms and conditions of this agreement oi- 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 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 ' day of u , 200
GRANTOR: GRtkNTE, E:
CITY OF FORTWORT y_
BUILDING OF CIAL
APPRO'�T�7. T- I AND LEGALITY:
TITLE
/455CITTOR'N DATE: `
CsRE1 ' .Y D.A I E:
:ontract Authorization
INR,
10
STATE OF TEXAS
CO UNTY OF TAMATT.
BEFORE ME, the rzndersigized rzutliority; a Notary Public in and
E04 tke Stat of cs, on this day personally apperired
,known to me to be the person whose
name is subscribed to the foi ,oing instrument, and acknowledged to sae
that helshe executed the same for the ptirpos e rind consideralloiz therein
expressed, as the act and deed of
and in the capacity therein stated.
GIVEN UNDER NIYHAND AICD SEAL OF OFFICE this clay
of A&Ama=
20 d 3,
Afftant
fA 4119,
Notary Plib11C lit andf0
The State of Texas
�o
�t�Yo
R.G . NAREZ
Notary Public
STATE OF TEXAS
My Comm.Exp.09/10/06
.rz
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Piddic in and
For gie State ooTexas, on this day personally appeared
IA; �V\E-k-t ,known to me to be the persbiL virtose
name is subscribed to the foregoing instrument, and acknowledged to rite
that he/she executed the same for t1p pur o es and colrsi Ieratioll the rein
expressed, as the act and deed of -DC _f�i1EL'i1Sl�C �i�
and in the capacity therein stated.
(W VE,N UNDER AfYHAND AND SEAL OF OFFICE this �-� day
ofLl
' JANELLE SMITH
' State of Texas
A lar2t _ Notary Public,
f-/ e = MY Commission Expires
August 21 2006
1V ary Public in and for
The State of Texas
12
A ORa CERTIFICATE OF LIABILITY INSURANCE OP ID 0131 DATE(MM/DD/YYYY)
SCOTT-3 1 07/11/03
PP—RODUCER THIS CERTIFICATE IS ISSUED AS A MASTER OF INFORMATION
ONLY AND CONFERS NO rUGHTS UP-N THE CERTIFICATE
The Brants Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1600 West Seventh Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Worth TX 76102-2505
Phone: 817-336-3030 Fax:817-336-8257 : INSURERS AFFORDING COVERAGE NAIC#
_____
INSURED -IN SURERA-- Mid-Continent Group 23418
INSURER B: National Union Fire Insurance
Scott Dennett Construction INSURER C: Progrossive Casualty ins co 24260
808 W. 7th. St. Ste. B INSURER D: Hartford Llovdrs Ins Co
Fort Worth TX 76107
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 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.
INSR ADD'L POLICY EFFECTIVE I POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DDNY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 11000,000
DAMAGE TO RENTED
A X 'COMMERCIAL GENERAL LIABILITY 04-GL-000112416 04/30/03 04/30/04 PREMISES(Eaoccurence) $ 100,000
CLAIMS MADE X 'OCCUR MED EXP(Any one person) $Excluded
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000
POLICY I JECOT- LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
C ANY AUTO 02117956-0 04/30/03 04/30/04 (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
X SCHEDULED AUTOS (Per person)
X ,HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (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 s2,000,000
B X OCCUR CLAIMSMADE BE1398369 04/15/03 04/30/04 AGGREGATE $2,000,000
$
DEDUCTIBLE $
XX
RETENTION $10,000 iulw $
ERS COMPENSATION AND 'TORY LIMITS ER
EMPLOYERS'LIABILITY _
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFVCEPJMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $
If es describe under _ --
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
'OTHER
D ' Property 46 SBA BA7308 SC 04/30/03 04/30/04 Contents 52,800
Ded 500
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
7/11/03 revised certificate to correct auto liability from Any Autos to
Scheduled Autos
Project: Houston Street Sidewalk Improvement
Project #: P-1316
CERTIFICATE HOLDER CANCELLATION
C I TYFTW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITT
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SH.
City of Fort Worth, Texas IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS Of
1000 Throckmorton
Fort Worth TX 76102 REPRESENTATIVES.
AUTHORIZ EPRESENTATIVE
ACORD 25(2001/08) C ACORD CORPORATION,
FORT WORTH
CITY OF FORT VN°ORTI I
f; IPO RAItY STREET L-SE REQUEST FOR01
Oply those temporary street closings not interfering with necessary traffic circulation
and police or fire emergency vehicle routes shall be permitted.
AGENCY REQUESTING STREET USE DATE
? 1n, r7r- rc�rja rt7/.s'/o3
RESPONSIBLE OFFICIAL ADDRESS PHONE FAX
Sn h`lollo�t t8 u. ?� '
REASON FOR STREET USE:
CHECK ALL THAT APPLY:
27 SIDEWALK
LOADING ZONE
J PARKING LANE
LIST NUMBER OF TRAVEL LANES TO BE USED oV FULL STREET CLOSURE Y49
1ST STREETILANE TO BE CLOSED (LIMITS) FROM TO
/V//I
[2�o
STRREEETILANE TO BE CLOSED WMiTS) FROM TO
" /14
3RO STREETILANE TO BE CLOSED (LIMITS) FROM TO (t:r.t,t�c IND) lNu I'r rI't)'t ttt.
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aq �\a,.rs LIS Mtf i 'td ewRIK u,;e
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• (2) BI'SINESS DAYS LEAD TENI1: :\It ST BE. PROVIDED IN ORDER 'll)
['RAFFIC CONT RO1. PLAN :\\I) PROCESS 111:1CMIT
\'\ APPROVEI) TRAFFI( CONTROL L PLAN `lIA1.1. BE SI•R\IITT F1) PRIOR TO ISSUAN('F: OF \ 1'1•:10111
• \I('ST PROVIDE A ('UR I'll-ICA]I•: O1= I\SI RA\CF; NAM UNC TI1V' ('11'YOF 1.ORT \\'ORTH AS AN
DDFl ION \1. INtil RED IN I [IF :\\I0I'NT 01-'(SI MILLION GI?xI•:R.\1. ('O'\I\IF:K( 1:\l 1_L\1111.IT1• \\D
`t \111.1.10\ FOR \\\- AI-ro)
• \L.t. :\} F1=( 1 H:{) III `INE.,SE', :\ND O(i RF:SI!)t:\"1'S \II'ST' It F: YRO\ Ill}:I) :\('< 1:`ti TO AND F•RO\I
'I 11EIR PROI'ERT)° DV RINI[; STREET CL0st"RE.
TRA\SI'OR'1•A"I (O\ ANI) PUBLIC WORKS DEPAR'1•;1IE\'1
STREET MANAGEMENT SECTION
311 W. 10TH STREET
FORT WORTH, TX 76102
(817) 871-6673 FAX (817) 871-8941
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city of I,ort Worth Transportation and Public Works Street Use Permit Page 1 of 1
FfToWORTH CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 812612003 PERMIT#42986 MAPSCO 77A D.O.E.#NA
(if applicable)
STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME TIME
BEGIN END BEGIN END SAT. SUN.
1.HOUSTON ST 1000-1200 W 9TH ST W 11TH ST 8/26/2003 10/10/2003 24 HRS 124 HRS 124 HRS
TYPE OF WORK TO BE PERFORMED:(CHECK ALL THAT APPLY)
❑RESIDENTIAL ❑COMMERCIAL(SITE PLAN# ) ❑FUND RAISER
❑CURB/GUTTER ❑DRIVE APPROACHES ❑SIDEWALK OTHER ❑SPECIAL EVENTS
❑HANDICAP RAMP ❑STORM DRAIN ❑UTILITY(TYPE ) ❑BLOCK PARTY
rPLACE 8X12 DUMPSTER ON SIDEWALK BESIDE FLAT IRON BUILDING.NO TRAFFIC CONTROL PLAN REQUIRED.
THIS PERMIT IS GRANTED TO THE CONTRACTORJAPPL/CANT UNDER THE FOLLOWING CONDITIONS:
• CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES.
• THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN.
• ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARD SPECIFICATIONS FOR STREETS
AND STORM DRAIN CONSTRUCTION MANUAL"
• ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL
PLAN(TCP)SUCH AS SIGNS,STANDARD TYPE I BARRICADES SAFEGUARD THE PROPERTIES AND PUBLIC
• CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES
• ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL INJURIES
ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR
• A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL BE
PROVIDED
• IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE.
SCOTT DENNETT CONST. GORDON ALDERMAN
CONTRACTOR/APPLICANT PERMIT ISSUER
EMERGENCY CONTACT NAME SHAWN MOORE
24-HOUR 817_882_9420 MOBILE 817-896-9649 PGR# FAX#817-882-9424
PHONE
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STREET MANAGEMENT SECTION
311 W 10th STREET
FORT WORTH,TX 76102
(817)392-6594 FAX(817)392-8941 _
http://tpwpennit.cfwnet.org/popup_permit.asp?permit_id=42986 08/26/2003