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Home My WebLink AboutContract 35348CONSENT AGREENLENT FOR TEA�fPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COi]NTY nF TARRANT ��j��r ��F�ETARY � �c�►��-�ar� �vc� . �5�'-�� I ( i I � i t � i � i THiS AGRF.EVIF,NT is made and entered into by and benveen the City of Fo�-t Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly at►thorized Building Official, hereinaftec referred to as the "City" and �(T� F i� C�C?y �%iC- Acting by and throunh its duly authorized agent, �o�/ �� r g�T E� , Hereinafter referred to as "Grantee". WITNESSETH: Fo� and in consideration of the payment by Grantee of charges set out below and the true and faithfttl performance nf the mutual covenants herein coniained, City hereby �rants ta Grantee permission to temporarily encroach upon, iises and occupy portion of the space t�nder, on and/or above the streets, �illeys, sidewalks or other public rights-of-way as follows: �2i4-� LJ'1Nre. � SI DErrJ f� 1-�C � 2 o c� w�`'` s't- • i►.1 CS � S i DEv�I rtL�C �? �Tu�.1_� � I�1_-------z-t�' �� 5�-- p�l � o � STo tv S i � -- T h e l o c a t i a n a n d d e s c r i p t i o n o f s a i d e n e r o a c h m e n t i s rn ore pacticutarl y described in Exhibit "B" attached hereto, incorporated herein and made a purt hereof Por atl purposes. 2. ,All use and occupancy of public street, allcys, sidcwalks or othcr public rights-oF way under this agreement shall he in strict compliance with the Chai�ter, Ordinances and Codes of the City and in accordance with the directions oF� the Building Otticial and tl�e Director of Transportation and Public Works of City. CONSENT AGREEMENTfor Temporary usa of pubic popertyl doc 3. [Jpon 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 enc�oachment fee for the temporary privilege of encroaching upon a portion of the public rights-of-way as described in Exhibit "B". Said fee is calciilated 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 amounl of said fee is: cSlD�whL✓.�� 600c 5� x. ot j' =$QO.oc� Si f�EE-r- s� 2 oc_5 E�_ 0 3� �` L i.. o o ------- � ��"� 1�� -x 6 c�� a�'+ 6. ov �� 5. Crantee, 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 hy sitcl� eneroachment, use and occupancy, including the securing of approval and consent from the appropriate agencies of the State and its political subdivisions. (n the eveut that aay installation, reinstallation, relocation or repair of any eYisting or furiire h•affic control device or improvement owned or coiistructed by or on behalf of the public or at public expense is made more costly by virtue of the exiscence of such eneroachment 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 �� days, from _�� D�'_ to _��" Provided, however, shoulcl the need for the encroachmeiits granted hereunder �t any time cease, Grantee agrees to immediately notiFy City of such condition; and, upon receipt of such notice by the Building OfCicial of the City of Fort Wortli, this agreement shall tern�inate. 7. (t is expressly understood and agreed that tl�is Consent �greement is for a temporary encroachment in, under, over and upon the public property as located and described in Exhibit 2 CCNSF.NT AGRFFIAFNPnr Temporary use of puWic propeAytdCc "B". This agreement 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 ai�thorized representatives, shall have the fiill 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 cnnditions herein. [n the event that any inspection should reveal a breach of any tecrr�s, covenants or conditions herein, City shall give Grantee nolice of such breach. Should such breach not be corrected by G�antee within twenty-four (24) hours of receipt of the notice, or within such shocter period of time as deerned necessary by the F3uilding Official for the protection of publie 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-�vay and adjacent supporting structures to a condition acceptabte to the Director of Trinsportation nnd Public WorEcs or his duly authorized representative and in accordance with then existing City specifications, and Grantee sliall remove all barricades, equipment, suppties, materials or other property froai 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 and sidewalks or other righ[s-of-way that have resulted from Grantee's use or occupancy of the st►�eets and sidewalks or other rights-of-way, as determined by the Director oF Transportation and Public Works or his designee. Grantee agrees [o begin such repairs �vithin thirty (30) days oF receipt of notice from the C�irector of Transpoi�tation and Public Works or his designee. Al! repairs shall be performed in an expeditious and workmanlike manner and shall comply with all applicable laws, codes, ordinances 1nd City specifications. [n the event tfiat Grantee fails to comply ��ith the covenants herein contained with respect to �ucfi removal or restoration, the City shall have the riglit to remove or dispose of any barricades, equipment, st►pplies, materials or other property and repair any conditions which in the opinion of the City are necessary to bcing the public rights-of-�vay to the condition prescribed herein, and City shall not he responsible for trespass or any other damage or liability in connection with such removal or resforation. Grantee shall reimburse City for the cost and expense of such removal and/or repairs immediately following billi►ig for same by City. 3 CONSENT AGREEIAENTlor TemForary �.ise �f pudic properlYl doe Nothing herein shall be constnied as a waiver by City to enforce pena( 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 ft�rther understood and agreed between the parties hereto that City holds tiie city streets, alleys, sidewalks and nther public ri�hts-of-way, i�cluding the portions of such streets used and encroached upon as described herein, as triistee for the public; that City exercises such powers over tl►e streets as tiave 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. tt is accordingly agreed that if the governing body of City, ta 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 terii�inated. 11. Grantee agrees to comp(y fully with all aprlicahle federal, state and local laws, ,tatutes, ordin�nces, codes or regulations in connection tvith the construction, operation and maintenance uf said encroachments and uses. 12. Grantee agrees ta pay pmmptly when due all fees, taxes �r rentals pr�vided for by this agreement or by any federal, state or local statiie, law or regulation. 13. Grantee covenants and agrees that it shall e:cercise all rights and privileges granted hereunder as an independent contractor, and not as an officer, agent, se�vant or employee of City; that Grantee shall have excl�isive control of and the exclusive right to control the details of its operalions and activities on said described public prapeity and all persons performing same, and shall be solely responsible for the acts and omissions oE its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat stiperior 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 pa►-tnership or joint enterprise bet�veen City and Grantee. 4 CONSEN7 AGREEMENTIcr Temporary use of putfc popertyt.doc t a. GRANTEE COVENANT'S AND AGREES TO INDEi�Pi 1IFY, AND DOES HEREBY INDENIIFY, HOLD HARMLESS AIYD DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM A►YD AGAP1IST ANY ANU ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS A�ID/0R PERSONAL INNRY, CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF V1��ATSOEVER KIIYD OR C�pgAC��t, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION �VITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMEI�IT AND USES GRANTED HEREUNDER, WAETHER OR NOT CAUSE, 1N WHOLE OR PART, BY ALLEGED NEGLIGENCE OF OFFIC�RS, AG�NTS, S�RVANTS, EI�iPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HE12�BY ASSUviES ALL LIABILITY AND RESPOIYSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR SU1T5. GRANTEE S�IALL LIKEWISE ASSUME ALL L1ABiLITY ANU RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CiTY PROPERTY, ARISING OUT OF OR L�i CONNECTION WITH AYY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFIC�RS, AGENTS, S�RVANTS, ElV'[PLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES, INVITEES OR TRCSPASSERS. 15. Grantee �grees to furnish City with a Certific�te of [nsurancc, naming City as certificate holder, as proof that it has secured dnd paid for a p�licy of public liabilily insurance covering all public risks related to the proposed use and occtipancy of public property as located and described in Exhibit "E3". The amounts of such insurance sl�all be not less t{�at the following: Propert;� damage, per occurrence $100,000.00 Boclily injury, per persou $250,000.00 Bodily injury or death, per occ��rrence 5500,000.00 With the understanding of and agreement by Grantee that such insurancc amounts shall be revised up�vard at City's �ption and that Grantee shall so revise such amount immediately followin� natice to Grantee of such requirement. Such insurance policy shall provide that it cannot be cancele<I or amended witliout at least thirty (30) days' prior written notice to the Building Official 5 CONSEN7 AGREEFAENTfnr Tempnary �,se ol o�C�� P��P�I� � � 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 remova( 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. 16. Grantee covenants and agrees that it will not assign all o►• any of its rights, privileges or duties under this contract without prior written approval oPCity, 1nd any attempted assignment without siich prior written appraval shall he void. 17. This agreement shall be binding upon the parties hereto, their siiccessors and assigns. l8. Should fliry uction, whether real or asserted, at law or in equity, arise out of the terms and conditions of this agreement or out of tlie use and occupancy of City prope�ty as permitted hereunder, venue for said action shall be in Tarrant Connty, Texas. 19. [n any action brouglit by City for tlie enForcement of the obligations of' Grantee, City shall be entitled to recover interest �nd rea�onable attorneys' fees. f+� EXECUTED this � day af _�P�' �._� ____.—� 200�.� GRAI�ITOR: GRAN C("fY OF FORT WOR'CEI c Building Official �S� t��3sr� iz Vj�- i�nc��. cr � cS Title 6 CONSE4T AGREElAENTtcr Temacrory use of pudie OroperNl.doe AP O`�E`D TO F Rlvt ANI� f.F.('rAL1TY: `��z�i-,,�r�� (�U�� _ Assistant City Attomey t ` Citv Secretaiy �� NO M�c� ��I�I�� Date �;�rf'��';J,:�;l �;�l�lU�;'�'! 'vu��'� ?�1;�� `li:l� ,, � . �� `'�'��''� `>�� i CONSENT AGREEMEflTfor Tertqa=rv use of �tiNfc W�MY E0� `�' � l G, o STATE OF TEXAS COUtYTY OF TARRANT BEFORE ME, tlte r�ndersignerl nrithority, a Notnry P�eblic in and �o t e St o T xns, o!t thrs d�cY Fersoiia[ly nppeared � 4�� ,known to me to be the person whose name is subscribed to tJte foregoing instrument, nnrl acknowledged to me thnt he/she execute�t the snme for t irrposes andconsi�ier ti n ther.ein e�cpressed, ns the act and deed of '` '� � ' and in the capacity therein stated � . � GIVF_N UNDF.R MY HAND A� D.4EAL OF OFFICE this � �aY o f 20�- . �p �� Affinnt n �I I ��C�� ,nr.[ � / � x� D Title � �� Notary Pt�blic in and jor The State of Texns 3 -- - - _ _ - - ,_ .__.;_ - -- — ---� „��",,, � R.�G. NAREZ `.o,`�gyr� �... e��., -?� `' _ Notary Public: State of Texas = � r My Comrnisson Fxpires �';�'l` O ` `�+'```� �'.,,,,��,,,.�� September 10, 2009 2], � rS- c., -;,',' "�� '� �'f '1'�; � ��``! � '�i';S';,1 �'J'�'.'J �VJ�,, , y�',.1 ��i�;��1� VI ��S�iI}�I�II'1d�1• � F �� .�,' ��'\� U �UI �1`C;� f i �,�'i � e��:"'`c% 1' �Z � L L, e _�—�r__ STATE OF TEXAS CDUNTY OF TARRAIVT BEFORE ME, the undersigned authority, n lYotary Pu�ic� y nnd For the Stnte of Texns, on this rlay personally appeared L� �-L3S� G CZ ,known to me to be the person whose name is subscriberi to the joregoing instruWrent, an�l ncknowledged to me t/�at helshe executed the same for �he puV `�Vs a��c� ic� `rai i� Stherein e.rpressed, as the act and deed of � � and in the capncity therein .ctaterl. GIVF_N UNDER MY HAND AND SEAL OF OFFICE th is � n f. �l �; r , 20 i�-- . Affircnt l� � �'�k< < i., � ► � � Tille � ,'.� �Yotary Pub[i i unrl or Tlte St�te of exas day �.�s.,�,.r,� �.�m��+r+9 �dARK D. LAN i'�S�pRpf tiolaiy PiGAc ` � S7.r1YE OF T+E�A� �` ° �r�=;;�;, c�a�zr�lacrp} �- �—Ht-„ - -•,.r,.- ---,. -. ., -.. _ ,� �4COf�DrM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY`n 4/z/2oo� 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-5o HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth TX 76102 (817) 820-8100 (817) 870-0310 INSURED XTO Energy Inc. 810 Houaton Street, Suite 200 Fort Worth TX 76102 A ■��'- INSURERS AFFORDING COVERAGE NAIC # INSURERA: Chubb Cuatom Ineurance Co INSURERB: Hartford Caaualty Ineurance Co INSURERC: Steadfast Ineurance Co INSURERD: New Hampehire Inaurance Co INSURERE: Birmingham Fire Ineurance Co DVERAGES 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. {R DD' POLICY EFFECTIVE POLICY EXPIRATION LIMITS _ __ _ _ ..._.._ _ ..__ POLICY NUMBER DATE IM _ D C GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- n LOC � POL�CY JECT AUTOM081LE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNEDAUTOS GARAGE LIABILITY � ANY AUTO EXCESSIUMBRELLA LIABILITY X� OCCUR � CLAIMS MADE 79545567 46IIENIY8502 UMB5345457-02 4/1/2007 I 4/1/2008 7/28/2006 4/1/2007 EACH OCC PREMISES Ea occurence $ MED EXP (Any one person) 5 PERSONAL & ADV INJURY S GENERALAGGREGATE S PRODUCTS-COMP/OPAGG $ COMBINED SINGLE LIMIT $ 7/28/2007 (Eaaccidenq 80DILY INJURY $ (Perperson) BODILY INJURY $ (Per accidenq PROPERTY DAMAGE $ (Per accidenl) AUTO ONLY - EA ACCIDENT $ OTHER THAN � ACC $ AUTO ONLY AGG $ EACH OCCURRENCE 3 4/1/2008 AGGREGATE 3 a DEDUCTIBLE X RETENTION $ 30,000 D WORKERSCOMPENSATIONAND WC7206362 9/28/2006 9/28/2007 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, descri6e under SPECIAL PROVISIONS below OTHER E Oil Leaee Property/ 261-03-94 7/28/2006 7/28/2007 Boiler & Machiner DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOL CITY OF FORT WORTH PERMITS DEPARTMENT 311 W. lOTH STREET FORT WORTH TX 76102 ACORD 25 (2001/08) $ 100,000 1,000,000 2,000,000 2,000,000 1,000,000 15,000,000 15.000,000 E.L. EACHACCIDENT $ 1, 000, 000 E.L.DISEASE-EAEMPLOYE b 1,000,000 E.L. DISEASE-POLICYLIMIT 3 1, 000, 000 Oil Leaee Prop - On Shore $5,000,000 Any One Occurrence CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �� n..�,o , �.r_ o O ACORD CORPORATtON 1988 a/z/zoo� IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) .�nd � c,a�� Nor� ��row � ;�,APUR/�.��: `� �GC��Iy�•� C1� t'u3Ut. �'i�� I��ETHF�� 3 DAYS �l��41 K ��E. �ll7...�...� -.$�� X �BIS � STP,� FE� - o c;, c�}� X� D3 X ` -� Z 00 � x � D� S 1 i�� W f�Ll/`"�� ---,. 2 o a� u � i� S-r R�. t� ------1 �+h s r �v� - �:...>>� : �� "_ 1 �Ekk�� tt:�,,:1YE At�I II�i�;�CTION ��,`�x':.►-'. �R'�� '�.:.� �= ItOPRiATE B�� ,R,E IN PLAC�• Contractors Name: }�t'p �N�2G�( ►NC. Point of Contact: d I 8'z. Ef�l� Phone Number: 1�' 8eS � 2 8$`� BuildingPermitNumber: i� t�� Purpose for Clos e: i'15� l.�L' 1Gi� Begin Date: ��% End Date: o� Type of Taper according to posted speed lunit: Tapers @ 30 MPH 10ft Offset 30ft minimum Tapers @ 35 MPH lOft Offset 35ft minimum Tapers @ 40 MPH l Oft Offset 40ft minimum t s�D��-►� � � a� 0�5 ��5� 2��'D' �- 2aQ,�2 0 ' �cooSG' �-rR � E-c@ � o. � �3 c�s�= 20�' x �i � 2 2 oa sF �poo x a.a�5 -= `��0. c�v 220o X o.03 = 66•0`� _ _ _ ---�- — �� S � A S - -. i ... ;J � ; -_� k�- ` � ` � - � I�� oo( 0� , ,,�_ i , � r��,; , : , �:�,;, ; � � ,� � I� u 's �,. ..:'s �,`. �1.. L' ; � �� iU � � .`,, ;�;^' ` �� .: •� i.�J1 � �Z��.o