HomeMy WebLinkAboutContract 33806 aiT Y QE RETAR
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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,hereinafter referred to as the-City"and &IZOL4.0 /-y;W
Acting by and through its duly authorized agent,
Hereinafter referred to as"Grantee.
WITNESSETH:
For and in consideration of the payment by Grantee of 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 portion of the spa"under,on and/or
above the streets,alley< sidewalk r other public rights-of-way as followw"5,0F "*YIF
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The location and description of said encroachment is more particularly described in Exhibit 2S"
attached hereto,incorporated herein and made a part hereof for all purposes.
All use and occupancy of public street, alleys,sidewalks or other public rights-of-way under
this agreement 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
and Public Works of City.
CONSENT AGREEWWRor Temponagy use of pubic pope—ty!doc
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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 s
calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth
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for temporary use or occupancy of public property. The estimated total amount of said fee is:
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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 i
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
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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 and additional
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amount equal to such additional cost as determined by City.
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The term of this agreement shall be for _days,from 7 to 3/ f
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Provided, however, should the need for the encroachments grante hereunder at any tiro cease, 4
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.
It is expressly understood and agreed that this Consent Agreement is for a temporary
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encroachment in, under,over and upon the public property as located and described in Exhibit
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CONSENT AGREEMFKT7w Temporary es of pu6Ge p werhO A= i
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`B". This agreement shall not be construed as the granting of a permanent easement,
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encroachment or license upon City's public streets,alleys,sidewalks,or other rights-of-way.
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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 E
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 Granter within twenty-four(24)
hours of receipt of the notice, or within such shorter period of time as deemed necessary by the f
Building Official for the protection of public health or safety,City may terminate and cancel this !
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agreement.
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Upon expiration or termination of this agreement for any reason whatsoever,Grantee shall,at ( ?
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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
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fiuther 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 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 h-om
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, s
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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 outer 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.
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CORSEW AGREEMlEWrw reapor ywe arpu6Gc yl-Aoc r
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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-0f-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 rights-of-way, including the portions of such streets used and
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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 time during the term hereof determine in its sole
discretion to use or cause or permit to be used for any public purpose tate said encroached portion
of the streets,then this agreement shall be automatically canceled and terminated.
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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. I
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Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this ;
agreement or by any federal,stats or local statue,law or regulation. L
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Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder } s
as an independent contractor, and not as an officer, agent, servant or employee of City; that
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Grantee shall have exclusive control of and the exclusive right to control the details of its t
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
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between City and Grantee.
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CONSOr AGREEAMMT or TenKorw use of pu1Ac pro~idoc ;
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GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMH Y, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR t
SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, i
CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN I
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
OCCUPANCY,USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND i
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USES GRANTED HEREUNDER,WHETHER OR NOT CAUSE,IN WHOLE OR PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
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CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND E
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GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY,
TTS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
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SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND E
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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, LICESNEES,
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INVITEES OR TRESPASSERS. {
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Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate
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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 )t I
described in Exhibit"B". The amounts of such insurance shall be not less that the following:
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Property damage,per occurrence $100,000.00 #
Bodily injury,per person $250,000.00
Bodily injury or death,per occurrence 5500,000.00 I
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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CONSENTAGREEMENTTor Tevma vused Pubic p oetril_Qoc
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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 k
Grantee, agrees,binds and obligates itself, it successors and assigns,to maintain and keep in i
force such public liability insurance at all times during the term of this agreement and until the
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removal of all encroachments and the cleaning and restoration of the city streets. All insurance
coverage required herein shall include coverage of all Grantee's contractors.
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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
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such prior written approval shall he void.
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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 i
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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.
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In any action brought by City for the enforcement of the obligations of Grantee,City shall be
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entitled to recover interest and reasonable attorneys' fees. t
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EXECUTED this day of f~ M ,200i E
GRANTOR: GRANTEE:
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CITY OF FORT WORTH
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Bui log Official {
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CONSENT AMEEWN7kW Temxrery me N p A fic popeAyt.,Ooe I
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APPROVE FORM ANT)LEGALITY:
Assis&nt City Afdmey Date
City Secretary Date
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CONSENT AGMIENEWfOr T&tVM2rf use of v "awlWIADC
COY
STATE OF TEXAS
COUNTYOFTARRANT
BEFORE ME,the undersigned authority,a Notary Public M and
For the State of Texas,on this day Personally appeared
known tome to be the person whose
name is subscribed to theforegoinginstrument,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 stated.
7V UNDER Af YHAND 4ND SEAL OF OFFICE thisAA-
day
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Title
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Notary Public in and for
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R. G. NAREZ
Notary Public,State of Texas
My Commission 2Expires
qjSeptember 10,2009
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned authority,a Nooiwy PuMic in and
For the State of Teras,on this day personally appeared
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,known to me to he 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
expresser,as the act and deed of
and in the capacity therein stated
GIVEN UNDER MY NAND AND SEAL OF OFFICE this day '
of
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Afant 4
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Title F
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Notary Pnhlic in and for
� n SUSANA R.KELLUM The State of Texas r
NMART KU STATE OF TEXAS
0111111881011 EXPIRES:
OCTOBER 15.2001
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Contractors Name: r--TT`K G/'ZbtsP 1- rd,
Point of Contact: G;
Phone Number.
Balding Pemut Number. 0
Purpose for Clo e: X��.o �sro �+
Begin Date:___-- - 1 EndD_at .
Type of Taper according to posted Speed limit:
Tapers @ 30 MPH 10ft Offset 30ft minimum
Tapers @ 35 MPA 10ft Offset 35ft minimam
- j t cakp. Tapers @ 40 MPH 10ft Offset 40ft minimam
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100�90'= x1000
Go 100A 10'r 000 {.
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4 ORIVOR 0 x 5' so
3050s�
TEMPORARY OCCUPANCY OF PUBLIC F!ZPEla'f'Y
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MORE THAN 3 DAYS_-
SIDEWALK FEE- 0 OSQFT. Xi®l5 X
STREET FEE- SOFT. X X DAB'S
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RECEIVE AN INSPECTION AFTER ALL
APPROPRIATE BARRIERS OR OBSTRUCTIONS
ARE IN PLACE.
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ASPNFAX 7/6/2006 12 : 15 PAGE 002/003 Fax Server
ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MMlDDIYYYY)
7/5/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wm. Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
777 Main Street, Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Fort Worth TX 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(817) 820-8100 (817) 870-0310
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER Travelers Indemnity Co. of CT 25682
KHK Group, Ltd. INSURER Texas Mutual Insurance Co. 22945
1201 E. 2nd Street INSURER
Fort Worth TX 76102 INSURER
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 ADDT PODCY NUMBER POUCY EFFECTIVE PODCY EXPIRATIONTYPE OF INSURANCE DATE(MM,DDIYY) DMITS
GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000
A X 'COMMERCIALGENERAL LIABLITY I660755OB741—TCT-06 4/30/2006 4/30/2007 PREMISES Eaoccurence' $ 100,000
CLAIMS MADE X❑OCCUR MEG EXP(Any one person; $ 5,000
PERSONAL 8 ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 21000,000
GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OPAGG $ 2,000,000
POLICY X PRO-
R� LOC
AUTOMOBILE LIABILITY COMBINED SINGLE L:MT
A X I ANY AUTO BA-186D9336-06—SEL 4/30/2006 4/30/2007 (Caacddent) $ 1,000,000
ALL OWNED AUTOS
eoce�INJURY !�
SCHEDULEDAUTOS (Per person)
X HIREDAUTOS
BODLVINJJRY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
;Per acadent)
GARAGE UABILITY AUTO ONLY-EA ACCIDENT $
EA ACC $
ANYAUTO
OTHER THAN
AUTO ONLY AGG $
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EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000
A X OCCUR FICLAIMS MADE ISMCUP1049Y162—TCT06 1 4/30/2006 14/30/2007 (AGGREGATE $ _2,000,000
$
DEDUCTIBLE $
X RETENTION $ 10,000 $
B WORKERS COMPENSATION AND TSF0001161688 9/30/2005 9/30/2006 X Wa6TATU- OTRH-
EMPLOYERS'UABILRV '
ANY PROPRIETOR/PARTNER./EXECUTIVE E L EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER 9(CLUDED? E L DISEASE-EA EMPLOYEE $ 1,000,000
li yes desc'ibe Under
SPECIAL PROVISIONS below EL DISEASE-POLICY LV,T $ 1,000,000
OTHER Leased/Rented Equipment
Limit: $21,500
A Equipment Floater I660755OB741—TCT-06 5/5/2006 4/30/2007
DESCRIPTION OF OPERATIONS i LOCATIONS�VEHICLES r EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
. THE CITY OF FORT WORTH, ITS OFFICERS, EMPLOYEES AND SERVANTS ARE ADDITIONAL INSURED ON ALL
POLICIES EXCEPT WORKERS' COMPENSATION AS REQUIRED BY WRITTEN AGREEMENT.
CERTIFICATE HOLDER CANCELLATION
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 FORT WORTH, TEXAS
ATTN: MARIE HUGHES NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES-
FORT
EPRESENTATIVES-
FORT WORTH TX 76102 AUTHORIZED REPRESENTATIVE
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ACORD 25(2001/08) 1983
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ASPNFAX 7/6/2006 12 : 15 PAGE 003/003 Fax Server
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the polity, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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ACORD 25(2001/08)
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