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Home My WebLink AboutContract 35141. �ii� �E��EiARY�/ T CONTRACT NO. � CONSENT AGREEIv�NT FOR TEIvfPORARY USE OP PUBLCC PROPERTY STATE OF TEXAS COiINTY nF TARRANT THIS AGRF,F_,VfFNT is made and entered into by and beriveen the City of Fort Worth, a municipal corporation of Tai�-ant County, Texas, acting herein by and through its duly authorized Building OfF'icia(, hereinafter referred to as the "City" and ,( T a �NE�C� i N� Acting by and through its duly authorized agent, .�o Y V� �=`L� S-�Ef2 � Hereinafter referred to as "Grantee". WITNE5SETH: For and in consideration of the payment by Grantee of charges set out below and the trite and faithfi�l perfo��mance of the mutull covenants herein contained, City hereby �rants to Grantee permission to temporarily encroach upon, �ises and accupy portion of the space under, on nnd/or above the stree[s, alleys, sidewalks �r other public rights-of-way as follows: �d (Z-�s-f L./i'illr � 1 2 DD Ul �� '41' � i`l0 i�Tl� S l ��W � c� f'C. ��E`�1€'.F�v _`�f-��2 QS�I'_�/_Y�.S�-� �_�4JSt'�� The location and description of said eneroach►nent is more particu(arly described in Exhibit "B" attached hereto, incorporated herein a�d made a part hereof for al( purposes. 2. All use and occupancy of public street, a[leys, sidewalks or othcr public rights-of-way under this agreement shal( be in strict comp(iance with the Chacter, Ordinances and Codes of the City and in accordance with the directions ot the Building Otticia( and tlle Director of Transportation and Public Works ofCity. �.� � —� �� if7 ]vJGi!� �i� `�.L �,IC, " ^�� ' �� G � �� c�� R � '1�� ° � `;;;; �.;;,�� i�� d�o c�;%.;,',(l:� G�,o p CONS'cNTAGREEMENTforTemporaryusa �pvb6epru�erty�ksur�r.--=---.--- 5 3. iJpon expirati�n of this agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in, tmder, 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 piiblic rights-of-way as described in Exhibit "B". Said fee is calci�lated 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 tolal amount of said fee is: � a' '� � 00 O ---�000' � . �►'� = � 3 0_ 4� �r4�Y--��2 ` ��,i6t�.00 S�i'� rr-E`i' - 00 ' i�` - r2 o V z2c�b x �. 03 ~ �C�G(��4��?2= 4� �752..ad Tb L=' ��o, �i I Z. .� � s. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traf�c control devises or other improvements affected by such encroachment, use and occupancy, including the securing of approval and consent from the appropciale agencies oP the State and its political subdivisions. [n the event that any installation, reinstallation, relocation or repair of any esisting or future traf�c control device or improvement owned or constri�cted by or on behalf of the public or at public expense is mlde more costly by virtue of the existence of such encroachment and use, C'rrantee shall pay tn City and additional a�nount equal to such additional cost as determined by City. 6. ' The term of this agreement shall be for � 2' days, froEn ��2 ��0� to =�� , Provided, ho�vever, should the need for the eneroachments granted hereunder at any time cease, Grantee agrees to immediately notify City of such condition; and, �ipon receipt of siich notice by the Building OfCicial of the City of Fort Wortli, t(iis agreement shall terminate. 7. �t is expressly understood and agreed that this Consent A�reement is for a temporary encro�cl�ment in, under, over and iipon the public property as located and described in Exhibit 2 CONSF.NT AGREFMFNT/or Temporary use of Oudic propertyl.dec "B". This aereement shall not be constriied 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 fi�ll and unrestricted right to enter upon alf 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 shottld reveal a breach of any terms, covenants or conditions herein, City shall gi��e Grantee nolice af 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 IIuilding 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 �vhatsoever, Grantee shall, at no expeuse to City, restore the public rights-of-�vay and adjaceut supportiug structures to a condition acceptable to the Director of Transportation �nd Pt�blic Works or his duly authorized representative and in �ccordance with then existing City specifications, and Grantee sh:►11 remove all barricades, equipment, suppfies, materials or othei' propeity from said location. Grantee Further covenants and agrees that for a period of one ( I) year after the termination of this Consent Agreement, Grantee will repair all conditions or damages to the streets 1nd sidewalks or other rights-of way that have resulted from Grantee's use or occupancy of the stt�eets and sidewalks or other rights-of-way, 1s determined by the Director of Transportation and Public Works or his designee. Grantee agrees to begin such repairs �vithin thirty (30) days of receipt of no[ice from the Director of Transpoi�tation 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, nrdinances and City specifications. fn the event that Grantee fails to comply with the covenants herein contained with respect to such removal or restoration, the City shall have the rigl�t tu remove or dispose of any barricades, equipment, siipplies, materials or other property and repair any conditions which in tl�e opinion of the City are necessary to bring the public rights-of-�vay to the condition prescribed herein, and City shall not he responsible for ti•espass or any other damage or liability in connection with such removal or restoration. Grantee shalt reimburse City for the cost and expense of such removal and/or repairs immediately following billing for sa►ne by City. �:;'�'f�i'� �',� "o� �'^'^� �� ,, �\v � �� , ioj� � 3 �,, 1�! vL-l�:U CONSENiAGREEiAENT(orTemporary�-�se Pua'i� Y,t��ap�� t r�� `v f �� , �,� ,,r �� 1 f! � �o�:� Nothing herein shall be constnied 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. (t is fi�rther understood and agreed between the parties hereto that City holds t{ie city streets, alleys, sidewalks and other public rights-af-way, including the portions af such streets used and encroached i►pon as described herein, as trustee for the public; that City exercises such powers over tlie streets as I�ave been delegated to it by tl�e Constitution of the State of Texas or by the Legislature; and the City cannot contract away its duty and its legisiative power to control the streets for tl�e 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 terrn hereof deterrnine 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 a�reement shall be automalically canceled and tenninated. 11. Grantee agrees to com�ly fully with all aprlicahle federal, state and local laws, statutes, ordinaaces, codes or regulations iii connection with the construction, operation and maintenance uf said encroachments and uses. 12. Grantee agrees to pay pmmptly �vhen due all fees, ta�ces �r rentals pr�vided for by this agreement or by any federal, state or loca( stattie, la�v or regulation. 13. Crantee covenants and agrees that it shall exercise all rights and privileges granted hereunder as an independent contractor, and not as an ofitcer, agent, se�vant or employee of City; that Grantee shall have e:ccliisive conhol of and the exclusive right to control the details of its operations and activities on said described public propeity and all persons pecfor�ning same, and shall be solely responsible for the acts and omissioiis of its officees, agents, servants, emp(oyees, contrlctors, subcontractors, licensees and invitees; that the doetrine of respondeat stiperior shall not apply as between City and Grantee, its o�cers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise bet�veen City and Grantee. 4 CONSENT AGREEMENTIcr Temporary use of pu�c propertyt.doc i i � i ; � � t �3. f GRANTEE COVENAN'TS AND AGREES TO INDEi�Pi IIFY, AND DOES HEREBY I iNDENIIFY, HOLD HARMLE5S AND DEFEND CITY, ITS OFFICERS, AGENTS, � OYEES FROM AiYD AGAP115T ANY AND ALL CLAIM5 OR I SERVANTS AND E1�iPL , , SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, � CNCLUDING DEATH, TO ANY AND ALL P�RSONS, OF WHATSOEVER KI1�iD OK i C�RACTER, WHET�IER REAL OR ASSERTED, ARISING OUT OF OR IN i CONNECTION �VITH, DIRECTLY OR INDIRECTLY, THE 1�IAINTENANCE, i OCCUPANCY, USE, EXISTENCE OR LOCATYON OF SAID ENCROACI-iMENT AND i USES GRANTED HEREUNDER, WAETHER OR NOT CAUSE, IN WHOLE OR PART, i NTS, S� i EY ALLEGED NEGLIGENCE OF OFFIC�RS, AG� +RVANTS, EriPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AP1D i GRANTEE H�R�BY ASSUMES ALL LIABILITY AND RESPONSLBILITY OF CITY, ,' [TS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIM5 OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL L1ABILITY ANll RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CTTY PROPERTY, ARISING OUT OF OR L�1 CONNECTION WITH AYY AND ALL ACTS OR ONIISSIONS OF GRANTEE, ITS OFFIC�RS, AGENTS, S�RVANTS, EI�tPI,OYE�S, CONTRACTORS, SUBCONTRACTORS, LICESNEES, INVITEES OR TR�SPA5SERS. 15. Grantee lgrees to furnish City with a Certific�te of [ns�irance, naming City as certi�cate holder, as proof that it has secured and paicl for a policy of public liabilily insurance covering all public risks related to the proposed use and occupancy of public prope►-ty 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 Boclily injury, Per Persou $250,000.00 Bodily injury or death, per occurrence �500,000.00 With the understanding of and agreement by Grantee that such insurancc amounts shall be revised up�vard 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 5 CONSENF AGREEMENTfx TemOo'ary use nf p�hiir, pr ert�„ i'i �, , p, �' n;^, �)�;�� v�� , )c-.� � i:'s��l.J a� C v�� ',��i'� ��i,;� l-. ��:;�;+;;�^, c U, ;,% � ..,.,��:�!r�, �1L�,:� 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 successo�3 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 ail encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all Grantee's contractor�. 16. Grantee covenants and agrees that it will not assign all oc any of its rights, privileges or duties under this contract without prior written approval of City, 1nd any attempted assignment without si►ch prior written approval shall he void. 17. This a�a'eement shall be binding upon the parties hereto, their successors and assigns. 18. Should nny action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this agreetitent or out of the use and occupancy of City prope►ty as permitted hereunder, venue for said action shlll be in Tarrant County, Texas. l9. [n any action brought by City for the enForcement of the obligations of Grantee, City shall be entitled to recover interest �nd reasonable attomeys' fees. EXECUTED this � daY of s�--�N_"v`��-� _---, 200��. GRANTOR: GRANTEE: C["CY OF FORT WORTEI . ✓,/[� �`i� ��/ �. /, ; • / c� O`{ C� � �jS I � � \I�—�r�C��~rlGs T�t�e 6 CONSENT AGREEMENTfcr Temperary use ol pudic OroperlYl.doe APPROVE F Nl� T;F.C'7ALTTY: Ass' nt City Attomey V City Secretary �� '��D� Date f:'J 1 . �.�/ �. - CONSENT AGREEMENTfor Telnpor=ry use �, j�l�, ;�, � o, (' a , ,o^ 1 MLI�7l�v�s�!.. ��`J lU ��'ti� i!��!�.i� ''�U�l�il :^�� `°..;:�,�J;��:u��!, ��,�, STATE OF TEXAS COU�YTY OF TARRANT BEFORE ME, the irnrlersignerl ar�ihority, a Notary Public in and For tfie State of Text�s, ori this dny personnlly r�ppeared ��1�p� �j'j0/1�a�1'��° �J ,known to me to be the person whose name is subscriberl �o t/te foregoing instrument, nnd acknowledged lo me thnt he/she executed the snme for the nrposes nnd consi�lerntion therein expresse�l, «s the act Rnrl deed of �sr. �3�,rbG� D��G/� , nn�f in the cnpncity therein stnte�l �C� `�' �lay GI,�F N UNDF,R NfY NAND AND .SEAL OF OFFICE this o f C"L� . , 20�. Affcan �G�T �/�/!A//�� Pr�.G/� Trtle yp��Y� ANGELA ESTRADA Notary Public * �' ` STATE OF TEXAS �4��py MiyComm. Ezp.08/21/2007 1 � �_ '1 Notary Public in and for The Slate of Texns 3 __ � -. .� �T,�- _: : ---- - — t , � . -. ��. ->, ; '`"'i��'L��i� 't�i5v��:i�:U N Cr� '.� f' G, pl f;;' �; ��1� ��°�� '�:'.'`,�?:�!n, ��o y STATE OF TEXAS COUNTY OF TARRAIVT BEFORE ME, ihe undersignetl authority, a Nolnry Public in and For the State of Texas, on this drey personally appeared ��f iN t= 6 S T�F2 ,known to me to be the person whose nnme i.s subscPiberl to the foregoireg instrutnent, and acknowlerlged to me thnt lie/sfie execute�! the sRme for tfie purpo.se,s anrf cnnsirleratinn therein e.rpressed, us tl:e act and deed of �/ �'� ��`1G i� i; i ES , rcnd in the ca�r�city therezn staterl. GIVF_N UNDER NIY HAND AND SEAL OF OFFICE ih is � � S r day pf �i.9�2Y y 20�Z . �,q �� -, Af�ant V/ " �Gl� �/�c=f Ti[le iVotnry Pr��[i in «nd Tfte Sfate o Teacns ..u.....,.,,.�-,�.->. �d � 1AARK D. LANSFOtiD Fintary [h6.'fc ' � ' STlSiE OF T�JSAa °4a+� 6t�Wwss.�.?.tl7/x7�;rfrr�� , ..�,�...��,�.,..�:,.-.,,� r�.�..-. _,h.. S.nd � c�-� � �o�� {}rrvw _ ,� , ,; ,, , � ;�,�,:�� _. , ; �, - ,,; � � ��. ��,n��, , `,N , G/�� ' `E' � F F �'' `� � �s , �� ; � ��u � �1�.F`!� , ,,fi� r; , , ,, I- aZ a4 � X l�' �lOc w�x� �/ .�-- � � pp� x 1� 'sf��'�r , ( � �-E�- 5 I -� v�� '��p�vs 7� Contcactors Name: iiTD �N.E(L6Y JNC . Point of Contact:l�hU�� -g� � 5 Phone Number: � - � � � � Building Permit Number: �"' Y� �. Purpose for Closute: f�r� � l>� e• �' Begin Date: _-�' End Date: � - ----- - _ _._ . . Type of Taper accordi.ng to posted speed limit: Tapers @ 30 MPH lOR Offset 34ft minimum Tapers (� 35 MPH lOft dffset 35ft �n '� �m T....ae n an�iei�.tOft Offset 40ft minimum a7 � o� x I p -- �oo�, S+- . i 2 0 0o x� o. ��S �= � 30. oo��t�� 1 d o� X tt% .^ -2 2 0 0 5�� oo pfi� 22oa � �D. 03 = �b�• � j ': :z'�.tia' `' � i�;k.:�I�E ; _ ,A',j�.�R�i' �: F �, � � 1 i, 1 �f�� 1N Pli�c� ' ��.�� G�� ° � �, G. a� /�A� �, �.z� t � � 1 ;�,q � � .. 1 ti1.1'C � r �,. •i� ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE�MMIDD/VYYY) 7/28/2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFtCATE 777 t�tain street, suite C-50 HOLDER. TH15 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: Chlibb Cuatom IneuLance Co XTO Hnergy Inc. INSURERB: Hartford Caeualty Inaurance Co B10 Houeton Street, Suite 200 INSURERC Steadfast Ineurance Co Fort Worth TX 76102 INSURER D: Naw Hampahire Ineurance 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 OD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERALLIABILITY EACHOCCURRENCE 3 1 000 000 A X COMMERCIALGENERALLIABILI7Y 79545567 4/1/2006 4/1/2007 PREMSES EaoccuEence � 100,000 CLAIMS MADE ❑X OCCUR MED EXP (Any one person) $ PERSONAL&ADVINJURY S 1,000,000 GENERALAGGREGATE 5 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OPAGG 5 2, 000, 000 POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - B X ANYAUTO 46U&NIY8502 7/28/2006 7/28/2007 (Eaaccident) 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Perperson) g X HIRED AUTOS BODILY INJURY � X NON-OWNEDAUTOS (Peraccident) PROPERTY DAMAGE � (Per accidenq GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN � ACC $ AUTO ONLV: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 3 15, 000, 000 C X OCCUR � CLAIMSMADE UMB5345457-01 4/1/2006 4/1/2007 AGGREGATE S 15,000,000 S DEDUCTIBLE S X RETENTION $ 10,000 5 D WORKERSCOMPENSATIONAND WC7206362 9/28/2005 9/28/2006 X WCSTATU- OTH- EMPLOYERS' LIABILITY RY I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 5 1, 000, 000 OFFICER/MEMBER EXCLUDE�7 E.L. DISEASE - EA EMPLOYE $ 1, 000 � 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 1, 000, 000 OTHER Oil Leaae Prop - On Shore E 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 / SPECIAL PROVISIONS CERTIFICATE HOLDER CITY OF FORT WORTH PSRMITS DSPARTMSNT 311 W. lOTH STREST FORT WORTH TX 76102 NCELLATION SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /!/ 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. ACORD 25 (2001/08) Page 2 of 2