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HomeMy WebLinkAboutContract 29356 CITY SECRLrTARyrV-)3b CONSENT AGREEMENT CONTRACT NO. FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT TES 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 pp Official, herinafler referred to as the "City"' and- acting nd acting by and through its duly authorize 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 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-of-way as follows: x �'? -o z X23 S• 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 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 y 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 M in, z 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. z� The term of this agreement shall be for days, from � �� 3 /Z/D ut tld 7,V aoo 3 to iy 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. v1;i; 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 i 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 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 encroachment �� �-=� �� IR HY upon the public rights-of-way following termination of this Consent Agreement. 10. . It is farther 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 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 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. _ = } 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. 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 property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever Idnd 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 fiunish 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 The amounts of such insurance shah be not less than the following: 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(3 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. fy. 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 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. 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 City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. A-0 3 EXECUTED Thi day day of Q�P�Fi�Gt%r , 200 GRANTOR: GRANTEE: CITY OF FORT WORTH B BY: IV ` BIJILDIN O ICTAL �• �� �' APPRO TO FORM AND LEGALITY: TITLE CITy ATT ly DATE:` CITY SECRET DATE: LL Contract Authorization Dat(. j, Imo! IL? STATE OFTEXAS COUNTY OF TARRAATT. BEFOREJ E,tlle!lrldersigned authority; allotaryPublic in and F the Stat of T -a on tjjl day personally appeared ,known to nle to be the person whose name issubscribed to the for ir1,;irlstr•rlrrlent, and acknowleda to t71e that He/she executed thesaruefor the.purose !r: corlsirieration they in expressed, as the act and deed of. ; and in the capacity therein stafed. GIVEN UArDE121fMAID AND SEAL OF OFFICE this flay of 201 . ✓J'!!nt Notary Public in andAd The State of Texas Y �F+ R. G . NAREZ Notary PuWlc * STATE OF TEXAS h � p My Comm. Exp.09/10/06 1.7 '���� STATE OF TEXAS COUNTY OF TARRAIVT BEFORE ME, the undersigned authority, a Notary Public in nd For the S,ta`te, oo T s, on this day personally appeared •,_�o,t�iC/ �• ,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 thepurpose and consider tion therein expressed, as the act and deed of /ZICI- >&aO.�J and in the capacity therein stated. t4- gIVEN UNDER MYHAND AND SEAL OF OFFICE this day of A 20-P-a. f�ant Title KATHRYN PREVITE Nary Publi nand for ~ : MY COMMISSION EXPIRES The State of Texas ` MAY 7,2007 I 12 Contractors Name: Roaa-&& C�i ` Point of Contact: Phone Number: / 9P?7-- Building Permit Ni; r`[ 0 Purpose for Clos,*rA ✓5�/ ExT Dle C�N_OP/1 Be-gin Date:zz�,Al--v0� .End Date: �d t Type of Taper according to posted speed limit: Tapers @ 30 MPH 10ft Offset 30ft minimum Tapers @ 35 MPH 1Oft Offset 35ft xninirrnim C Tapers @ 40 MPH l Oft Offset 40ft minimum l � �o A/ 25W a 2,0t> 3 y.IA. tj APPOCANT M=CALL FOR AND RMENL-AN : 'M AFT A L A.PPROPRATF SARRE:S OR 08STRUC"tIONS.- LACL From:Phyllis Carnley,ACSR At:Frost Insurance Agency FaxID: To:Attn:Beth Aikln Date:8122/03 11:33 AM Page:1 of 1 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID F7FDA�TE(MMfDDIY03 MUCKL-1 fM 08 2 03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Frost Insurance - Fort Worth HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 33528 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth TX 76162 Phone: 817-420-5700 Fax:817-420-5750 INSURERS AFFORDING COVERAGE NAICN INSURED INSURERA: Clarendon Ins. Co. INSURER B: Employers Mutual Co an HM Muckleroy & Falls d. dba MF, LINSURER C: Texas Mutual Insurance Co. & t O1 Parkview Dr. Ste. 330INSURER O: Fireman's Fund Fort Worth TX 76102 NSLIRERE: Mt. Hawley Ins, Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. LTR INSA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDDrM DATE WDD LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 O D O 000 A RICOM CO MMERCIALGENERAL UABLITY BIN0000115-3 08/28/03 08/28/04 PREMIsEsEeoccurence) S 50,000 CLAMS MADE �OCCUR NEO ENP(An/one person) S 5,000 PERSONAL&ADV INJURY S 1,000 000 GENERAL AGGREGATE S 2,000,000 GENT.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 2 O D 0,000 POLICY 71 JELOC AUTOMOBILE LL481UTY 8 X ANY AUTO 2136213504 08/28/03 08/28/04 (EaacaEDSINGLELIMrt Eemdam) $ 1,000,000 ALL OWNED AUTOS BODILY WJJRY SCHEDLLEDAUTOS (Per person) S X HIRED AUTOS BODLY WJJRY X NON-0VWEDAUi05 (Per accident) PROPERTYDA.MAGE S (Per accldenq GARAGE LIABILITY AUTO ONLY.EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESSIUMBRELLAUABILRY EACH OCCURRENCE S 1 000 000 E X OCCUR F7 CLAIMSMAOE NXIL0358803 08/28/03 08/28/04 AGGREGATE S1,1000,000 S DEDUCTIBLE S X RETENTION 310,000 S WORKERS CDMPENSA71ONAND X 70RY LIMITS ER C EMPLOYERS LWBILITY TSF0001053883 08/28/03 08/28/04 E.L.EACH ACCIDENT $500000 ANY PROPIETOR/PARTNEWEXECUTNE OFFICERIMENBER EXCLUDED? EL.DISEASE.EA EMPLOYEE $500000 tlyyaass desalbeer SPECIAL PROVISIONS bebw EL.DISEASE-POLICY LIMIT 5 500000 OTHER D Install/Builders R M)a97801187 08/28/03 08/28/04 B1drRisk $5,000,000 B Contr Equipment 2C431708004 08/28/03 08/28/04 Equip w/Rent/Leas DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Foxt Worth as Additional Insured as respects GL/Auto Liability, as �•: u , required by written contract. City of Fort Worth Building Permit #PB03-05559 ;C_1211 - MUSHY R, W y I TV, CERTIFICATE HOLDER CANCELLATION WAGNER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Wagner Oil NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BLIT FAILURE TO DO SO SHALL c/o Cotulla, LP IMPOSE NO OBLIGATION OR L LABILITY OF ANY KIND UPON THE INS URER,ITS AGENTS OR 301 Commerce St. 3400 City Center Tower REPRESENTATIVES. Fort Worth TX 76102 A IIEDRE SENTATIVE. ACORD 25(2001108) ®ACORD CORPORATION 1988 FORT WORTH STREET ENCROACHMENT PERMIT Permit #: PC03-00044 Status: ISSUED Date Issued: 12/04/2003 Expiration Date: 11/25/2003 Address: 500 COMMERCE ST Addition: FORT WORTH ORIGINAL TOWN Insp: 01 MAPSCO: 063W Block/Lot: 85/15 APPLICANT MUCKLEROY & FALLS OWNER NA// Contractor License #: License #: Type of Encroachment: SIDEWALK CLOSURE FOR WORK ON PARK-ING GARAGE Work start Date: Permit Extention: N No. Days Exteded: 0 Fee Calculation 3 Days or Less = $0.00 Total Permit Fee. . . . . . . $0.00 Payments. . . . . . . . . . . . . . . .00 The applicant named above is hereby granted permission to obstruct a certain portion of the street and/or sidewalk. This permit is granted on condition that the applicant will comply with all ordinances governing same and that he will provide temporary sidewalks for the pedestrians use, if required by Building official , and that this permit will be null and void for any violation of the city ordinance. APPLICANT MUST CALL FOR AND RECEIVE AN INSPECTION AFTER ALL APPROPRIATE BARRIERS ARE IN PLACE TO SCHEDULE INSPECTIONS CALL 817-871-6370 DEPARTMENT OF DEVELOPMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON ST * Fort Worth, Texas 76102 817-871-7851 * FAX 817-871-8116