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HomeMy WebLinkAboutContract 50850 CITY SECRETARY CONTRACT NO. CONSENT AGREENMNT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT i THIS AGRF_,.FWi .NT 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 j Building Official,hereinafter referred to as the"City"and Com, fegstar peg¢[opnec� 4t Gx,s%!-iruc on L-,--s • it Acting by and through its duly authorized agent, 'PHI i (�e(� L1 Hereinafter referred to as"Grantee". WITNESSETH: j 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: i ike K,tf Si W h"�C _ L >trCz __ 6r �e Qa row-VIA-is . _ I The location and description of said encroachment is more particularly described in Exhibit attached hereto, incorporated herein and made a part hereof for all purposes. I 2. All use and occupancy of public street, alleys, sidewalks or other public rights-of--way under i 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. 2 34S,6 OFFICIAL RECORD Q� CITY SECRETARY o FT.WORTH,TX RECEIVED r r JUN— 8N CONSENT AGREEMENT1cr Temporery use of public propertyi doc 2018 � Cm'OFFORTwppT14 b �. CITYSECRETAR,Y .� i 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 proper-ty. The estimated total amount of said fee is: 259'x 7.75'= 2,007.25 SF 2,007.25 SF x .015 x 280 =8,430.45 f Grantee, at no expense to City, shall make proper provision for the relocation and/or j 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 evert that any installation, reinstallation, relocation or repair of any existing or Future traffic control device or improvement If I 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. k 5. The term of this agreement shall be for J0_days,from �$ to ���, Provided, however, should the need for the encroachments granted hereunder at any time cease, j i 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. [t 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 AGREEMFNT°or Temporary use of public property?Coc I "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 unrestricted right to j 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) 1 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. I 1 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, equil ent supplies materials or other- property from said locate-n. Grantee ! further covenants and agrees that for a period of one (1)year after the termination of this Consent 4 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_nf--v/2y, as determi ed by the Director of Transportation and Public Works or his I designee. Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from f 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 he 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 Stich removal and/or repairs immediately following billing for same by City. i i 3 CONSENT AGREE MENTfor Temporary;iseof public propertyl clot 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 i encroachment upon the public rights-of-way following termination of this Consent Agreement. E 10. s 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 i 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 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 4 Uf said encroachments and uses f f 12. j 1 Grantee agrees to pay promptly when due all Fees, taxes or rentals provided for by this agTeerne t or by any fP er l,state or local statue, law Y regulation. 13. j 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 property and all persons performing same, and 1 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 between City and Grantee. 4 CONSENT AGREEMENTfer Temporani use of puhlic prooerlyl.doc i r I i 1 4. GRANTEE COVENANTS AND AGREES TO INDEIbI TIFY, AND DOES HEREBY Iii DEMIFY, HOLD HARTMILESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMI S OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, i CNCLUDING DEATH TO ANY AND ALL PERSONS, OF NVIIATSOEVER MIND 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 ENCROACHMENT AND i USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN VvHOLE OR PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVAN'T'S, EMIPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AMD GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVAN'T'S AND EMPLOYEES, FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SMALL INDEMNIFY CITY FOR ANY ANIS ALL INJURY OR DAMAGE TO CIT`' PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, ' SERVANTS, r) vYOYE c, CONTRACTORS, SUBCO TR„CTORS, LICESNEES , INVI'T'EES OR TRESPASSERS. 35. Grantee ae agrees tofiLuis: City vCertificatert: u of Insurance, ,L.. .,ngCity as certificate holder, as proof that it 112S 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: Property damage,per occurrence $100,000.00 Bodily injury, per person $250,000.00 Bodily injury or death, per occurrence 5500,000.00 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 arnended without at least thirty(30)days' prior written notice to the Building Official 5 CONSENT AGREEMENTfor Temporer/use of public propert/1 dor. 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. I 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 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 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. 1�. 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. l9. i In any action brought by City for the enforcement of the obligations of Grantee, City shall be f entitled to recover interest and reasonable attorneys' fees. p EXECUTED this 2 day of �,zH659 GRANTOR: �sGRANTEE: CITY OF FORT WORTH r�fp, f �+►�1Z� �D���v✓l Building Offici R(tSi Title 6 CONSENT AGREEMENTfor Temcerer/use of public prepertyl doc i i AP TO O ND LEGALITY: Assi tant City Attomey Date C4 Se Teta �1 j�/ Date XAS M&C:_ 1295:--LL f r I w i i OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 7 CONSENT AGREEMENTfor Temporary use of public properfy4.eoc i i i STATE OF TEXAS COUNTY OF TARRANTi BEFORE AAE, the undersigned auth.oriry, a Notar Public and For the State of Texas, on this day personally appeared rhi� + ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to ane that he/she executed the sante for the Purposes and consideration therein expressed, as the act and deed of 6� � t)ml av,<2 :E- C4?cv1 and in the capacity therein,stated. GIVEN UNDER MYHAiYY ND SEAL OF OFFICE this day of AA C 20 1 t�lllate loreSi�elkt Title lvotary Public in and for The State of Texas BRANDY MOSS Notary Public.State of Texas P Comm. Expires 11-26-2018 �'',n°;u``�� Notary IO 13003807-4 i STATE OF TEXAS I COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and or l estate of Teft, on this day personally appeared I ,known to me to be the person whose Wf name subscrz of to the fo gain;instrument, marl acknowledged to me that he/she executed the same for the purposes an o irleratio therein expressed, as the act and deed of and in the capacity therein stated. IGEN UNDF,R MY NAND !'D,SEAL OF OFFICE this �(lay Of 20--- , I Affiant Alu Title i t Notary Iabllc lYa and for The State of Texas i (SCNOta�y R. G NAREZPublic-StateofTexasNotary ID#12398238-8ommission Exp.SEPT.13.2021 i i Contractors Name: ' .;. Point of Contact Phone Number: Building Permit Number: / _ Purpose for CIosure:S Begin Date: Z , _ End ate:Z zrl} Type of Taper according to posted speed limit: Tapers @ 30 MPH,1Oft Offset,150'minimum Tapers @ 35 NiPH,IOft Offset,005'm{nimurn Tapers @ 40 NIPH,IOft Offset,a;SS'minimrm r CLAM , T Q0(A.) vj APT 12-Lb r A o TON sr.