HomeMy WebLinkAboutContract 35198!
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CONSENT AGREEl�iENT
FOR
TEivIPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COiJNTY C�F TARRANT
THIS AGREF_,MF_NT is made and entered into by and between the City of Foi-t Worth, a
municipal coi•poration of Tarrant County, Texas, acting herein by and throiigh its duly authorized
Biiilding Official, hereinafter referred to as the "City" and
�a`�i ,�c3NN p`T'� �e-,...)LYlZ vo7'<4N'
Acting by and throu�h its du(y authorized agent, ,
�Iereinafter referred to as "Grantee".
WITNE�SET�I:
For and in consideratio�i of the payment by Grantee of charges set out below and the true and
faithfitl performance of the mutual covenants herein cnntained, 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-wa�� as follows:
Sa � f�0 UST�d �J S'Y
The locati�n and description of said eneroachment is more particularly described in Exhibit "B"
attacheci hereto, incorporated hereiu and made a part hereof for all purposes.
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2. !
All use and occupancy of public strect, alleys, sidc�valks or ot(tei• public rights-of-way under � f
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this agreement ;hall be in strict compliance with the Charter, Ordinances and Codes of the C_ity
and in accordance �vith the directions of the Building Ofticial and the Director of Transportation '
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and Public Works of City.
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CONSENT AGP.c="AEVT1ar Temporary us= of puGfic prape7yt dec �
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3.
IJpon expiration of this agreement and the privileges granted hereunder, there shall be uo
encroachment by Grantee in, tinder, on or above the surface of tl�e pubfic rights-of-way invol��ed.
4.
Grantee agrees to pay in advance an encroachment fee for the tempocary privilege of
encroaching upon a portion of the public rights-of-�vay 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
Por temporary use or occu ancy of pubfic property. The estimated tolal amouni of said fee is:
.acs z8 S" �1%� = �8 �p
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Grantee, at no expense to City, shall make proper provision foi• the relocation andlor
insta(lation of any existing or futiu•e traf�c control devises or other improvements affected hy
sucit encroachment, use and occupancy, includin� the securing of approval and consent from the
appropriale agencies of the State and its political subdivisions. In the event that any installation,
reinstallation, relocation or repair of any existing or fiiture traffic control device or improvement
owned or constructed by oi• on behalf of the pub(ic or at public eYpense is made more costly by
virtue of the existence of stich eneroacl�ment and use, Grantee shail pay to City and additianal
amount equa! to sucl� additional cost as determined by City.
6.
The term of this agreement shail be for �� / days, from _��Z ,� to ����
Provided, however, should the need for the encroachments granted hereunder at any time cease,
Grautee abrees to immediately notify City of sudi condition; and, upon receipt of such notice by
the Building OfGcial of the Cily of Fort Worth, this agreement shall terminate.
7.
ft is expressly understood and agreed that this Coi�sent A�reement is for a temporar��
encroachment in, wider, over and upon the public property as located and described in Exhibit
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C.ONSFNT AGRFF.P.7FNTitx Tomporary usa of puh.7ic prapertyi Acc
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"B". Tliis 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, thi•ough its duly autliorized representatives, shall have the full and unrestricted right to
enter upon all pub(ic rights-of-�vay For the ptirpose of making inspections to detennine
compliance with the terms, covenants and conditions herein. In the event that any inspection
should reveal a breach of any teims, covenants or conditions herein, City shall give Grantee
no�ice of such breach. Shoulci such breach not be corrected by Gruntee within twenty-four (24)
hours of receipt of the notice, or within such shorter period of time as deerned necessaiy by the
Building Official for the protection of public health or safety, City may terminate and cancel this
agreement.
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Upon expiration or tei•mination of this agreemeiit for any reason �vhatsoever, Grantee shali, at
no expense to City, i•estore the pub(ic rights-of-way and adjacent supporting structures to a
condition acceptable to the Director of Transportation and Public Works or his diily authorized
representative and in accordance with then e�isting City specifications, and Grantee shall remove
all barricades, equipment, supplies, materials or other propetty from said location. Grantee
fiu-ther covenants and agrees that for a period of one (1) year after the termination of this Consent
Agceeinent, Grantee will repair all coiiditions or damages to the streets atid sidewalks or otlier
rights-of-way that have resulted from Grantee's use or occupancy of the st��eets and sidewall<s or
other rights-of-way, as deterniined 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 frocn
the Director of Transportation and Public Works or his desiguee. All repaics shal( be performed
in an espeditious and �vorkmanfike manner and shall comply with 111 �pplicable laws, codes,
ordinances and City specifications.
[n the event tltat Grantee fails to comply with the covenants herein contained wifh 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 �vliich in the opinion of
the City are necessary to brinD the public rights-of-�vay to the condition prescribed herein, and
City shall not he responsib(e for trespass or any other damage or liability ii� connection with such
removal or restoration. Grintee shall reimburse City foc• tt�e cost and expense of such removal
and/or replirs immediately following billing for same by City.
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CONSENT AGREEIAENTfor TemForary �.�se o! puGic propcviyl Aoc
Nothing herein shafl be construed as a waiver by City to enforce penal sanctions prescribed ',
by the Code of the City of Fort Worth and the laws �f the State of Texas for Grantee's continued j
encroachment upon the ptiblic rights-of-�vay fo(lotiving tennination of this Consent Agreement.
10.
It is fitrther lmderstood a��d agreed between the parties hereto that City holds tlie city streets,
alleys, sidewalks and other public rights-of-way, including the portions of such streets used and
encroached upon as described (�erein, as trustee for the public; [hat City eYercises such powers ',
over tlie streets as liave been delegaeed to it by the Constitution of the State of Texas or by the ;
Legislature; and the City cannot coi�tract away its duty and its legislative power to control the i
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streefs for the use and benefit of tl�e public. It is accordingly agreed that if the govecning body of �
City, to wit, its Ciry Coimcil, shall at any time during the term liereof determine in its sole
discretion to use or cause or permit to be used for any public purpose the said enci•oached portion i
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of the str-eets, then this agreemenl shall be automa[ically canceled and termivated.
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11. �
Grantee agrees to comply fiilly with all ap�licahle federal, state and local la�vs, statutes, !
ordinances, codes or regulations in connection �vith the consh•uction, operation and maiirtenance �
of said eiicroachments and uses.
12. f
Grantee agrees to pay promptly �vhen due all f es, taxes or rentals provided for hy this
agreement oi• by any federal, state or (ocal statue, la�v or regulation.
13. ;
Crantee covenants and agrees that it shall exercise all rights and privileges granted hereunder ,
as an independent contractor, and ❑ot as an offlcer, agent, setvaitt or employee of City; that
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Grantee shaJl have exclusive control of and the exclusive right to control the details of its +
operations and activities on saicl described public property an�l all persons performing same, and
shall be solely responsible for the acts and oinissions oi its officers, agents, servants, einployees,
contractors, subcontractors, licensees and invitees; that the doctrine of respondeat supei•ior shall
not apply as bet�veen City and Grantee, its oFticers, agents, servants, employees; contractors and
subcontractors, and nothin� herein shaf( be construed as creating a partnership or joi�rt enterprise
bet�.veen Ciry and Grantee. �
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�ONSE�T 4GREEMENTfcr Temporary use o( pudic proocrtytdoc
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GRtiNTEE COVENAN'fS A_ND AGREES TO INDE�i�i 1iFI', AND DOES H�REBY
Ii�1DENIIFY, I-�aLD HARII�ILESS ��ID DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND �l1iPLOYE'�S, FROIVI A�YD AGAIi�tST ANY AND r�LL CLATiVIS OR
SUITS I'OR PROP�RTY DAVIAGE OR LOSS AND/OR PERSONAL liVJURY,
CNCLUDING DEATH, TO A.NY AND ALL P�RSONS, OF WHATSOEV�R KII�D OR
CHARACTER, WH�TIIER REAL OR ASSERTED, ARISING OUT OF OR IPi
CONiVECTION �VITH, DIl2ECTLY OR IIVDIRECTLY, TH� NIAIiiTTENAiiiC�,
OCCUPANCY, �1SE, EYIST�NCE OR LOCATION OF SAID ENCROACHMENT A1�D
US�S G1L�iiYTED HEREUNDER, WHETHER OR NOT CAU�E, I'�t i �VHOLr OR PART,
BY ALLEGED NEGLIGENCE Or OFI+TC�RS, AG�NTS, S�RVANTS, �MI'LOI'��5,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR Ii�IVITEES OF CITY; AND
GRA.NTEE H�R�BY ASSUI�IES ALL LIABILITY AND R��PONSIBILITY OI�' CITY,
ITS OFFICERS, AG�NTS, SERVANTS AND EMPLOI'��5, I'OR SUCH CLAIMS OR
SUITS. GRANTE� SHALL LIKEWISE AS�UNIE ALL LIABLLiTY ANll
It�SPONSII3ILITY AND SHALL IND�NINIFY CITY FOIt ANY A1�D AI,L INJURY aR
DAMAGE TO CITY PROPERTY, ARISING OUT OF OR Ii�1 CONNECTTON WITH
ANY AND ALL ACTS OR ONIISSIONS OF GRANT�E, IiS OI+FIC�RS, �G�NTS,
S�RVANTS, ENTPLOY�ES, CONTRACTORS, SUBCONTRACTORS, LICESNE�S,
INVIT��S OR TR�SPASSERS.
15.
Grantee lgrees to furnish City with a Certificate of Insurance, nlming City as certificate
ho(der, as proof that it has secured and paid for a policy of public fiabilily insarance covering a(I
public risks re(ated to the proposed use and occupanc}' of public property �s loclted �nd
described in Exhibit "B". The amounts of such insurance shall be not less that the following:
Property damage, per occun•ence $100,000.00
Bodily injury, per perso❑ 5250,000.00
Bodily injury or death, per occurrence SS00,000.00
�Vith tlie understanding of and agreement by G-antee that such insurancc amounts shal( be rcvised
up�vard at City's option and that Grantee shall so revise such amount immediltely following
notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended �vithout at least thirty (30) days' prior written notice to the Bui(ditig Official
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CONSENT AGREE�dENTfor Tempa�a � use �f puhllc pro�;arh�t dnr.
of the City of Fort Worth. A copy of such Certificate of Insurance is artached as EYhibit "A".
Grantee ajrees to submit a similar Certificate of insurance annually to City on the anniversaiy
date of the exzcution 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 dttri�lg 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 shal� include coverage of ali Grantee's contractorS.
16.
Gra�rtee covenants and agrees that it will not assign afl or any of its rights, privileges or duties
under this contcact without prior written approval of City, and any aftempted assignment without
such prior written approval shall he void.
17.
This agreement shal l be binding upon the parties hereto, their successors and assigns.
18.
SI70UICI fltlj� 1CCI01l, whether real or asserted, at la�v or in equity, arise out of the terms ancf
conditions of this agi-eement or out of tlle use and occupaticy of City property as permitted
hereunder, venue for said action shall be in Tarrant County, Texas.
19.
In any action brougl�t by City for the enForcement of the obligations of Grantee, City shall be
entitled to recover interest and reasonable attorneys' fees.
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EXECUTED this :� � day of _,'l•�"j� _�'.� � , 20U'�.
GRf�NTOR:
CITY OF FORT WORTF-I
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;��' ii Build' g Official `� �— J/ '
GRANTEE:
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CONSENT AGREEFAENTfor Temxrarv use of FubGc �mperlyl.dec
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APPROV O FntZiyl AND LF,GALTTY:
Assi tant Ci _ Att�t ey
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CONSENTPGREEMENTIoriemecraryuseoi�uolicproperryt.co�_ _,.,-_.—.r—._--.�--._.� I - , .
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STATE ��' �'EX,4S
(�`f�'UIY�'Y �F TAR�A!!TT
BEFORE �YIE, tf�e unrlersig�aed ar�thof•it}:, a Notaty P,uhlic itt aytrl
For t/ie Str��e of Texrr.s�, ott tliis rlay pef•sor�atly �cppeare�l �'!�-�a% �
l > >�� � �U ' � � �- ,� ,knoiv�i to jne to be tlze person �vlzose
n�cyne is subscribed to tlte foregoirag instrcrfnent, arzrl acknotivle�lged fo me
t1taP lte/slie executerf tJce srrme fo►� tlte pi��oses «J��,d considet•qt�on tlterei�:
expt•essed, as flze act anrl rleed of :� �� .��`�-�%L�' � C� �`� �1 C/i '-t ,
ar�d in flte crrp��city tfzerei�a stnted
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G1'�F'N UNDFR MY HA1VD A.ND S`EA L OF OFFICE ilz is ��� /� rlcry
of �) 7-�-�a.'LTI , 20 (' �
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Affian �, t� ,,�,
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Title
Nata�y Publzc in a�zd fof•
The St�rte of Texns
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`;io.�•.. .��,, R. v. NAREZ
_; Notary Public, State of Texas
' �,�.� ° My Commission Expires
�'��;%��F�;;:` September 10, 2009
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S?'�s1TE fl.�' TE�1S'
C`�UlirTY O�' TARRANT
BEFORElYIE, ihe r[ndersigne�C rurf�ioriiy, a 1Vottrry Pc�blic in �ind
Fof� dze State of Tex«s, on this day person�rlly uppeared ��'°T"�
� PNi✓E7T' ,knaw`z to me to be the peYson w6tose
nuyne is subscriberl to tlae fof�egoing instrrcfnent, r�nd nck�towle�lged io stte
thrzt lie/slce etecuterl the srime far tl e puf pn.ce,s astd cnnsirfet•rdinn t{terein
expressed, as t{ee rcci anrl deed of ��Y Q�'''�"�T ��''�'� `'`��"J ,
and in the capacity tller�ein stated.
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SEAL OF OFFIC'E t{t is• �11.; — rlrry
G7T�F1�' UNDER MYHAND
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Title
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���""""' JANELLE MCELYEA �/' � �. i
�RYPUB�n�' �. '� lL.+� � � �''L
;s°' _ Notary Public, State of Texas -
'� �= My Commission Expires IV t�r y Prrblrc in nn�l for
"�'� °` Au ust 21, 2010
''�""'�+O q Tlt Sfa[e of Texas
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��j �:iu1P�}RA�<� U��UPANCY c:�F F'�ii�l_t� i'f2UPE
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Contractors Name�D'� ��'N�R�i"t (_,eYtf'�;rlly�)ili
Point of Contact: �cti�a ,q,q��-►-l-t
Phone Number: �l 7 —78��'t>$� rJ
Building Permit Number: P�o 10 — I''!.S i� 9
Purpose for Clos e: C'v T. Cr�Gi.aSvJ�
Begin Date: ,.� � Z� �'� End Date: S�O7 '
Type of Taper according to posted speed limit:
Tapers @ 30 MPH lOft Offset 30ft m;nimum
Tapers @ 35 MPH lOft Offset 35ft m;n;mum
Tapers @ 40 MPH lOft Offset 40ft min;m�
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