HomeMy WebLinkAboutContract 34029 j
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CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC.PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
THIS AGRE'sE pwr 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 duty authorized
Building Official,hereivafler re&rred to�ass,the"Ciky"an4
Acting by and through its duly authorized agent,
Kereinafter referred to as"Grantee".
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For and in consideration of the payment by Grantee of charges set out below and the true and
faithful performance of the mutual covenants hrrein contained, City hereby grants to Grantee
permission to temporarily encroach upon, uses and occupy pottier of the space under, on and/or
above the bireets,alleys,sidewalks or other public rights-of-way as follows; �1Q���
T,Y' _ ✓cxy 8/ate le
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. ¢�
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2.
All use said occupancy of public street, alleys,sidewalks or other public rights-of--way under
this agreement shall be. in strict compliance with rhe Charter, Ordinances and Codes of tiie City
and in accordance with the directions of the Building Official and the Director of Transportation
and Public Works of City.
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CONSENT"WEEIIEIr U Twnjx y haw of Put&rA wnyt au
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3.
ITpon expiration of this agreement and the privileges granted hereunder, there shall be no
encroachment by Granteo in,under,on or above the sutface of the public rights-of-way involved. i
4.
Grantee agrees to pay in advance an encroadment fee for the temporary privilege of
encroaching upon a portion of the public rights-of-way as described in Exhibb."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:
5.
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
appropriate agencies of the State and its political subdivisions. In the event that any installation,
reinstallation, relocation or repair of any existing or fixture traffic control device or improvement
owned or constructed by or on behalf of the public or at public expense is made mote costly by
virtue of the exismrice of such encroachment and use, Grantee shall pay to City and additional l
amount equal to such additional cost as determined by City.
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6. ,l
The terin of this agreement shall be for d-X 'fMM f/6104Ite 4
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 agreemmA shall terminate.
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
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"B", This agreement shall not be wnatraed as the granting of a permanent easement,
encroachment or license upon City's public streets,alleys, sidewalks,or other rights-of-way.
g.
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 lay terminate and cancel this
agreement.
9.
Upon expiration or termination of this agreement for any reason whatsoever,Grantee shall,at
ao 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 authori2ed
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 atter the termination of this Cogent
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 TauwportWon 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 heroin 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 � !�
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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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Nothingherein shall be construed as a waiver b Ci to enforce nal sanctions prescribed
Y City penal
by the C.c►de of the.City of port Worth and the lases of the;State of Texas for Grantee's continued !
encroachment upon the public rights-of-way following termination of this Consent Agreemc"—
1g.
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 stia streets used and I
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 le&lative power to control the
streets for the use and benefit of the public. It is accordingly agreed that if the govenring body of
City, to wit, its City Council, shall at any time dating the term hereof det®miiune 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 todtninated.
11.
Grantee agrees to comply fully with all applicable federal, state and local laws, statutes,
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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 fens, taxes or rentals provided for by this
agreement or by any federal,states or local statue,law or regulation.
13.
Grantee covenwits and agrees that it shell exercise all rights and privileges granted hemunder
as an independent contractor, and not as an officer, agent, servant or employee of City; that
C'rmntee 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 perforrn4 same,and
shall be solely responsible for the acts turd omissions of its officers,agents,servants, employes, s
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contractors, subcontractors, licensces acid invitees; that the domains of respondeat superior shall �
not apply as between City and Grantee, its officers,agents,servants,employeas, contractors and
subcontractors,and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Grantee. r
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14. �
GRANTEE COVENANTS AND AGREES TO INI)E1+INIF'Y, AND DOES HEREBY
INDEMIFY, 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,
CNCLUDING 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 SAE D ENCROACHMENT AND
USES GRANTED HEREUNDER,WHETHER OR NOT CAUSE,IN WHOLE OR PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENT, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSF09 OR INVITZES 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 SHALT,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, Et+IPLOYEFS, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TRESPASSERS.
15.
Grantee agrees to furnish 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"B". The amounts of such insurance shall be not less that the following: 1
Property damage,per occurrence $100,000.00
Bodily injury,per person $250,000.00
Bodily injury or death,per occurrence $500,000.00
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 ! j
notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be i
canceled or amended without at list thirty(30)days' prim written notice to the Building Official !
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C0H8E1IrAGREtaYWlorYMgrrMyrupdp,Ak prcFoetyl.hx;
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of alae City of Fart Wextk A wpy of such Certifla to of Insuraame. is ad meted as Exhibit "A".
Grantee agrees to :jubmit a similar Ceatifiieftte; of U sturance anuaalty to City on the anniversary $
data of the execution of dais agreeatwAL
Or ranee, agrees,binds and obhotes itself, it successors and assigns,to marirntaiin ww keep in
force such public liability insurance at all tines*during des ftm of this aigreetrwnt and until the
re;rnovat of all tmnAcbznwtx and the cleuuning and re&oratim of thy:city st(eets.. All inscuranou
covered;mquimd herein atoll bwludes cove-fW of all Grouleet's oat tractan.
16.
rraam r ove;nants aaW ugatms tical it will riot assign all or any of its rights,privileges at duties
under this contract widxx t pricy wr tteaa appaoval of City, and any sawaapted aaaignrnent widxxat
such prior written approval shall be.void.
17.
This aag vetrwat shall be binding upon the paortio*hereto,decay a+uocassnrs and aasigata.
is. '
Should wy action, whether teal or asserted, at kw or in equity, arise out of the kvm owl
conditions of this agrmmnt at out of the use tad c>crupeaa cy of City patsperty as Pwrtimad
1wrounder, venue far said lotion shall be in Tarrant County.Tam.
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19.
In an}'action brought by City for the e:nforoumemt of the oblipfiou of Chwow,City stroll be
entitled to rmcwtr interest and marAmahle sUorneys' fees.
EXEC UTED this .30 day of
GRANTOR- GRIIM'1'lslg:
CITY OF FORT WORTH too U
Title
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APP R TC? AND LEGALITY:
sistant Ci A4#ar date
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City Secretary Date
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STAT' OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned a afisork%a No"PuNk in and i
For the State OfTexos.on this day personally uppeared_- ti714
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�I ,bnorvnr tome to he the person whose
name is subscribed Wtheforegoing instrurrrent,and acknowledged to rare
that he/she executed the sane for the vumosvw and consideration therein
expressed,as the act and deed of
and in the capacity therein stated
_ _N CINDER MY HAND SEAL OF OFMCF.thin 0 day
of
A�adrat ...�
ffWi nt
ritTe
trot r J Pubilk in a d fo
_`?o��prrasfc�� R. G. NAREZ k
Notary Public,State of Texas
My Commission Expires
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September 10, 2009
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STATE OF TEXAS
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COUNTY OF TARRANT
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BEFORE MF,the u dmigned authorily,a NotPublic and
For the State of Texas,on this day personally apd � i
,known to me to be the person whose
name is subscribed to the foregoing instrument;and acknowledged to nae �
that helshe executed the same for the Poses and consideration therein f.
expressed, as the act and deed of
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and in the capacity therein stated.
GIV NUNDERMYffANDA-4D SEA LOFOFFICE this 3o day
Of _—'20 .
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Affiant i
Title j
Notary Public in and for F
The State of Texas
, �P SUSANA R. KELLUM
St. NOTARY PIIBtIC STATE OF TE11AS 3 [
* =*s 1
ryF��+� COfNI5510N EX►IBES:
. OCTOBER 15,2008
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Qmdacto:s Nam.
Point Of Cio7Qwt;� �.
Phonewumbei: 33
BtuilftPezwltNumber /VA
Puqwe for'Mosum. 151
Date:_ ib o� ow- 46 06
tad
Type of Taper according to poowait:
Taper®30 hell I Oft Offset 3f lit gnininm
Tapas®35 WH I Oft OfYsat 35ft mi hu=
1 Tapers®40 MWA tOft Offset 40ft minimum
Notes �rro�
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TEMPORA EY OCCUPANCY OF PUBLIC PROPERTY Aj
3 DAYSrD
MORE THAN 3 DAYS
SIDEWALK FEE- 2'202 SQFT. X,DJC(
STREET F`-E- SQFT. X X T :
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OPPLICANT MUST CALL FOR AND
ZI CEIVE AN INSPECTION AFTER ALL
PPROPRIATE BARRIERS OR OBSTRU ION;
RE IN PLACE.
ASPNFAX 7/6/2006 12 : 15 PAGE 002/003 Fax Server
ACORDTY CERTIFICATE OF LIABILITY INSURANCE DATE(MMiDD%YYYY)
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 INSURERA Travelers Indemnity Co. of CT 25682
KHK Group, Ltd.
WSUR..RB Texas Mutual Inaurarce Co. 22945
1201 E. 2nd Street �1NSJREPC
Fort Worth TX 76102 �iINSJRERC _
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REOUIREMENT,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' POLICY EFFECTIVE POLICY EXPIFATION -
qANCF POUCY NUMBER ! LIMITS
GENERAL LIABILITY I EACH OCCURFEMCE $ 1,000 000
I—� AMAiT :J r_N t
A XICCMMERCIA-GENERAL IABo_iTv I66075508741-TCT-06 4/30/2006 4/30/2007 P,REMISEs(Ea�xurence_ $ 100,000
CLAIMS MADE �_ I OCCUR I MED EXP_Anv ono pe,so)) $ 5,000
� IPERSCNALSAD'✓IN.uRv $ 1,000,000
j GENERAL AGC RUGATE$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER RO DUCTS-COMPiO r^AGG $ 2,000,000
POLICY FX PRC- oC -
AUTOMOBILE UABIUTY COMBIN'EU SWN3LE LiV IT
—� Ez rec
A XANY O BA-18609336-06-SEL 4/30/2006 4/30/2007 ent!
I 1,000,000
ALL OWN EO AUTOS
BOGILV`NJURv �£
Sc HEDULEG AUTOS l�e�person)
X l H,REDAU-,OS
I � 9UG'LY INJURY £
N'ON-OWNED AUI CS I :P? e:jje,1i
�—' PRv�EFTY IiA.MAGE
'er acadel•)
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GARAGE LIABILITY A'J70 ONLY-EA ACCIDENT $
AN AUT'J EAA-C £ _—
O7HER7NA.N
AJ'O ONLY
AGGI£
I EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ 2,0D0,000
A EX OC--JR :�CLAIMS MASE i ISMCUP1049Y162-TCT06 4/30/2006 4/30/2007 .43,RE,y4Tc _ $ 2,000,000
D 3
�E CUC7IBLE
X I RETENTION S 10,000 I £
'WC STAT U- -07 H-1
B WORKERS COMPENSATION AND TSFOODII61688 9/30/2005 9/30/2006 X 70„ LiM17c Eg J
EMPLOYERS'UABILfTY
E eAC ACCiGEN $ 1,000,000
ANY PROPRIEf CRiPARTNE RiEX ECUTIVE � I I--------------..----- ----- --
OFFICE;wEMB�R EXCLUDED E L DISEASE-EA EMPLOYL"E� 1,000,000
11 y-S,deScntA L'nd B'
SPECIAL PROVISIONS beow EL DISEASc.POL I.v LIN'T 1 $ 1,OOD,000
OTHER - Leased/Rented Equipment
Limit: $21,500
A I Equipment Floater I660755OR741-TCT-06 5/5/2006 4/30/2007
� I I
DESCRIPTION OF OPERATIONS!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.
IVOR-- r r[[ ��D
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED P UCIq 18E CANCELLED BEFORrz THE E�PIR ATION
77 MMS
DATE THEREOF,THE ISSUING INSURER W L ENDEAVOR TO MAIL 3D 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 WORTH TX 76102 AUTHORRED REPRESENTATIVE
ACORD 25(2001/06) ®ACORD CORPORATION 1966
page of
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 policy, 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.
ACORD 25(2001/08)
Paoe 2 of