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Home My WebLink AboutContract 34795�;IT'Y �ECREiARY ��NYf�AC7 �90. 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 `.' �� =N�=�'C; ;�;�:�,�_. Acting by and through its duly authorized agent, J��-��7 �'v ��= �� -��= , 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 space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: ��1 � S s � �r_. � bl�t� L�1,�11�(/� •�,;� t�'�.�i) J i�ru ��". �S� i �v �c t_� ,�_: l--.�� SJ � � I� � C; C' �;.� ��.+,�-. 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. � 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. �,<;:��i��:�J.::� ��s�U�:�; ,^'�,, �' ; "'11;5�7��qr'��% � ��c� ;'1.i��L-.15�'� CONSENT AGREEMENTfor Temporary use of ublic pr�p etiy.doc� l� I,11� �—=,fV� ..��::�t?'i ��a'�,� 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: �� ,, � �� . �til �� _�! � � c� � ' X � �� _ � d o c� , �o�� x _ o; 5 x jl`I �- � �1��'-��. � � s. 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 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 and additional amount equal to such additional cost as determined by City. 6. The term of this agreement shall be for _ 1 I� days, from ', � � S� ! �� to !� ` i�'� 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 2 CONSENT AGREEMENTfor Temporary use of public properly.doc "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 unresh-icted 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 iwenty-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 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 sh-eets 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. 3 CONSENT AGREEMENTfor Temporary use of public property.doc 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-of-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 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 goveming 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 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 statue, 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 properly 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 doch-ine 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 parmership or joint enterprise between City and Grantee. 4 CONSENT AGREEMENTfor Temporary use o( public property.doc 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, 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 SAID ENCROACAMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WAOLE OR 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 SAALL 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, 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 covenng 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: 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 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 " � ;,I �� r c� �� r � ., � /� i ,:: �. ; ,1: ,�.�� ,F_ 5 " �� '` � � �'�� 5 �` �' %c'% CONSENT AGREEMENTfor Temporary u of p�pl�4; Rroperty;dop ,�,�� : � �J �,� •�� ' I�s Ll �`f �I��: � �. �7 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, it 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 sheets. All insurance coverage required herein shall include coverage of all 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 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. EXECUTED this ��`�''day of � 0��f'� ��=(L , 200�6 GRANTOR: GRA EE: CITY OF FORT WORTH � C � SF..�i� ' ��Y �t��PSi � � ��_ Build' g Official �,� {� - � i� � � :_. , �" i (= ` Title �.�. t -,�I� ��:;� �� v l!'�,l �1i 5 v�J'.�; J 6 �: r I� �,^i5 ��' ��r',1 CONSENT AGREEMENT(or Temporary u e of pub�i� groR¢f�ry;d� i�� d•. L '1S,�a ,.�'-✓'1`.L'!�; ��L�a �__ .__� APPROV O AND LEGALITY: Assistant City Attorney City Secretary �--�- - - - -__ __ I�d �3 t�q �.>� `�'. , ;� �;� i � a�� Date ,� �,�. � � ��• � � n �, � �('n ��iD V'��1-��G'-!;. ��S��vr1'��J ��C� ��1� I! �;?�T .^� �� :��v'��I!n�, �(.a . CONSENT AGREEMENTfor Temporary use o( public property.doc STATE OF TEXAS COUNTY �F TARRANT BEFORE ME, tlze u�zde�•signed autlaof•ity, a Notary Public in and For the State of Texas, on tlzis day personally appeared ��j � > '� �� ,known to me to be tlie person wlaose izame is subscribed to t ze foregoing iizstru�ne�zt, and acknowledged to nte tlaat /ae/she executed tlze sa�rte fot• tlze purposes aszd co�isideratiofa therei�i expressed, as tlae act a�zd deed of _:�l��/` D-a�-- ,, G''��'1�"L , and i�: tlae capacity tlter•ein stated. GI EN UNDER MYHAND AND SEAL OF OFFICE this � day of _ U� � 20�7. /� 4i � (// /,�� Affi' nt � � ,�Z?2�i �� i�l�f�� Titl'e = - =�,. ` ;-�- �� ._��. %` � Notary Public in and for`` Tlze State of Texas ,Y�-�;,;��^�,,,,,,, --"i:. G. NAREZ ,� ;�; �� ; � i; =,c r�;; : Pdotary Public, State of Texas ��,` • l° My Commission Expires ''� I :�;,,v ;1: ��.c 4L_m___'��"'� September 10, 2009 8 STATE OF TEXAS COUNTY OF TARRAIVT BEFORE ME, tlre undersigne�! authoriry, n NotRry Pi�blic in nnd For�e Stnte of Texns, on this day personnlly «ppenrerl ..' oti c.v � i3S T�R ,known to me tv be the person whose nnme is subscribe�! to t{te foregoing instrument, anrl acknowledge�i to me ih�rt helshe executed the snme for the purposes and con,cidesatinn therefn expressed, us the uct an�l deed of �� ti�<�- G Y r c`iC. , and in the cap«city therein st�ted. GIVFN UNDER MY HAND AND SEAL OF OFFICE th i� �- �� day of ��. G C'l� �3 c:`i1-- , 2p ��. Af�rcn �%�- ��-c+,tT��S Title �,� �� Notnry Pub[ic i nd for T{te State of Texns 9 4..a..� .,�......... ,,,, � IdARK D. LANSf01iD � � / Mktmy Fi&7!e ;Yfl'f� OF �(t�� ; +'� syh �a. �.�u-�afa�i2� � — -��,�,,, -Znd � c�o�� No(� ��r� � v �"v,S�� i � i ��i� 1 � �l � ,�� r�:k ,._...�-�� i'}-f `;' �. ' 3 i`.�I` Ltl s_ trivv n., �11'`: �. �� `:;t ; +2�1.�: ;i:�.Y.id�: ' -rr,r„� �PPR�P�.�.ATC, � , , Contractors Name: �'�b F1.1 � � {�'/ l �C� • PointofContact:��1j� �j�ZS�Ep�Q$ Phone Number: u 4�l -� R5' 2$t��l Building Permit Number: Purpose for Closur�: C, o�•t T o� Begin Date: ?_ �' End Date: � �—j Type of Taper according to posted speed limit: Tapers @ 30 MPH l Oft Offset 30ft minimum Tapers @ 35 MPH lOft Offset 35ft minimum Tapers @ 40 MPH lOft Offset 40fr minimum ; �f� r o� � �- �� r i �� , � �� V. � ._C�� 1p-�- <-�-- �-. -" ; �= ,,��A'- ✓_ . � G�' �i 5 � 5;,. -. � _, 200 � l� �-a� - � 400 �� o�� i� o.or5 = �C�°i�A� ��Q-�� = �`��,�� -' i 1 I �` � .—___ / ��;, �� j ��,; j,';� �l �:',��u'�' g, y��', ,� ��(`�!>>��,!pi`1 ��ti ��1.i:�:��:1 �� .' ;�, ��,�U, �,�"� �-'�:. V f� � �c e ACORDrM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 7/28/2006 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. (617) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Chubb Cuatom Inaurance Co XTO Hnergy Inc. INSURERB: Hartford Caeualty Ineurance Co B10 Houaton Street, Suite 200 INSURERC: Steadfast Inaurance Co Fort Worth TX 76102 INSURER D: New Hampehire Inaurance Co INSURERE: Birmin ham Fire Inaurance Co 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 DD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERALLIABILITY EACHOCCURRENCE 5 1 000 000 A X COMMERCIALGENERALLIA0ILITY 79545567 4/1/2006 4/1/2007 PREMSES�Eaoccurence S 100,000 CLAIMS MADE X� OCCUR MED EXP (Any one person) 5 PERSONAL&ADVINJURY S 1,000,000 � GENERALAGGREGATE S 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG S 2,000,000 POLICY PR� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT � B X ANYAUTO 46UENIY8502 7/28/2006 7/28/2007 lEaaccidenq 1,000,000 ALL OWNED AUTOS BODILY INJURY � SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY � X NON-OWNED AUTOS (Per accidenl) PROPERTY DAMAGE S ' (Per aaident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 � � ANY AUTO EA ACC 5 OTHER THAN AUTO ONLY: AGG S EXCESSIUMBREILALIABILITY EACHOCCURRENCE 5 15,000,000 C X OCCUR �CLAIMSMADE UMB5345457-01 4/1/2006 4/1/2007 AGGREGATE S 15,000,000 S DEDUCTIBLE 5 X RETENTION 5 io,000 S D� WORKERSCOMPENSATIONAND WC7206362 9/28/2005 9/28/2006 X �'CSTATU- OTH- EMPLOYERS' LIABILITY . I E ANY PROPRIETOR/PARTNERIEXECUTIVE ' EL EACH ACCIDENT S 1, 000, 000 OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYE 5 1, 000 , 000 If yes, describe under - SPECIAL PROVISIONS 6elow � E.L DISEASE- POLICY LIMIT S 1, 000, 000 OTHER Oil Lease Prop - On Shore H Oil Leaae Property/ 261-03-95 7/28/2006 7/28/2007 $5,000,000 Any One Occurrence Boiler & Machiner DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICA CITY OF FORT WORTH PSRMITS DEPARTMENT 311 W. lOTH STREgT FORT WORTH TX 76102 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO �dAIL 30 OAYS WRITTEN NOTICE TO THE CERTIF�CATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /!� i ACORD 25 (2001/08) OO ACORD CORPORATION 1988 Page 1 of 2 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. �.� r��.vr�� co �cvv uvo� Page 2 of 2