HomeMy WebLinkAboutContract 36566 (2)CONSENT AGREEMENT
FOR
EMTPORARY USE OF PUBLIC PROPERTy
STATE OF TEXAS
COTINT�' C)F Tt1RI2ANIT
TfIIS AGRE.F.MENT is made and entered into by and between the City of Port Worth, a
municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized
Building Official, heneinaiier re rived to as the "City" ancj
Acting by and through its duly authorized agent,
Hereinafter referred to as "Cvr•anfee".
Per and in corrsideratio►r of the payment by Grantee of charges set out below and the true and
thiehful performance of the mutual covenants herein contained, City hereby grants to Granteepermission 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: 3DD etd kbt) )
c ne rocatron and description of said encroaohrnent is rnor•s particularly described in Exhibit "S"
attached hereto, incorporated herein and made a part hereof for all purposes.
2.
All use and occupancy of public street, alleys, sidcwallcs 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.
01
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IN
'29—pg p04;51
CONSENT A�gEElAENTtor Temporary use of public propanyl.daa
�.
ifpon 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.
�a
Grantee agrees to pay in advance an enctoacltment fee for the temporary privilege oi'
encraaehing span a portion of the public rights,oi way as described in Exhibit "�". Said fee is
calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth
far tc;rrtporary use or occupancy of pttbtic property
estitxtatecl total amount ot'said The is:
Grantee, at no expense to City, shall snake proper provision for the relocation acid/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 froth the
appropriate agencies of the State and its political subdivisions. In the event that: any installation,
reinstallation, relocation or repair of ally existing or future traffic control device or improvement
owned or constructed by or on behalf of tine 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
arttaunt equal to such additional cost as determined by City
The term of this agreement shall be for YI day from i f to _
I'r•avided, 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 ttte City of Fort Worth, this agreement shall terminate.
7.
It is expressly tutderstood and agreed drat this Coaasent ?�greet�3ent is for' a temporary
encroachment in, under, aver• and upon the public property as located and described in Exhibit
2 CONS@NY RGr1EEPdENYfor �•empmary usB of p+rhiio properiyi.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.
E�
City, through its duly authorized representatives, shall have the fuIf and nnresizicted 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 twenty-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 #ibis agreement for any reason avhatsoever, Grantee shah, at
na 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
kgreement, 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 -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.
Cn the event that Grantee faits 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 7n the opinion of
i
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 j
removal or restoration. Grantee shalt reimburse City for the cost and expense of such removal
anA/or repairs immediately followi►hg billing for same Uy City.
3
CONSEtVT AGREEFAENTfor Temporary use �f pulxic praperiyt.doc
�'�?R r, SII�,r��I��
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 tennination of this Consent Agreement.
10.
It is further understood and agreed between the parties hereto that Ciiy 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 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 stt-eets, then this agreement shall be automatically canceled and terminated.
11.
Grantee agrees to comply .fiflly 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 property 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 doctrine of respondent 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 j
between City and Grantee. j
CONSENT AGREEMENTfor Temporary use of public propsriy�.doc
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.7 �i V u A ' �.1
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 ANDIOR 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 ENCROACHMENT AND
USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WHOLE 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 SHALL 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, EMPLOYE, ES, CONTRACTORS, SUBCONTRACTORS, LICENNEES,
INVITEES OR TRE, SPASSERS.
I5.
Grantee agrees to fi►rnish City tivith a Certificate of Ltsut•ance, naming City as cart►treats
holder, as proof that it has 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 thatthe following:
Properly damage, per occurrence $100,000.00
Bodily injury, per person $2505000.00
Bodily injury or death, per occurrence $5001000,00
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
5
CONSENTAGREElAEMT(or Temporary use e(pu6fic prapectyt.chc
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t�f fir City of !°'off Wct Rt rs y of suejt CeTtif rate of insuxogwic g� affixiaW as Exulult
c:.rfaritee agreet.� to celf 1ficflte of l.Tasurmwe at:tsu ally to cite on dux: aftsvaee iy
tia% O5' ryC r;xcf,VVRicara tug xis �5&iIII�Aaii ,
i axst , a z`t , , lgittcls tr nlTlinnues itse , it : ac=ssors and : sign , to .axaittti ik and keor i"
5:=.)m� staczlt ptalrtic fiability insurapce g all Elrllon ritr�cig t[,i eta f llii a e,:axr zg� and rzsc # % s
r t,grrr�v:�1 of= ��i! encroad aYa�nts rid thv a@4;rcta xat, said r,,t r wn ofe city AmeUL All AraStadWWc.
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ttwidm this contract wifftcsut plicir %TMOra kipptrwoJ s)fC'Uy" mid wy atW;ept. a it tantent wihi OW
su+^h prior writ1g1`3 rrlrr1rnuA 511141 he void,
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AOV 'D T F AND LE�ALiTY:
Assistant City Attorney
City Secretary
REQUIREDNO M&C
Date
7 CONSENT AGREEMENTfor Temporary use of �htic propahyt.Coc
4�iJ �1lAl V�dAds�[.R
BEFORE ME, the undersigned authority, a iVotary Public in and
F e St o �` xas, on this day personally appeared
,known to the to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
tltrrt he/she executed the same fort Z purpo es and considerat ion tdtered z
wpressed, as the act and deed of
rrnd lit the capacity therein stater.
IVF.N UNDER MYHAArDAtVD SEAL OF OFFICE this Ll " �duy
Affiret=at
Gr► � rrir
Title
Notary Public in and for
The State of Texas
R. G. NAREZ
Notary Public, State of Texas
My Commission Expires
September 10, 2009
FOP, ill Sia to oj,Texas, Oil this c®fsy personally fa�a�c���ee�_-
2ZA24Y
to file fora pr� s� € � t� r i �� , and arknowleir4kwi to irate
fat helslae exeented i1ae v€amje,PP the Paf1po es and considerrffiotl thercht
esef sae yea#are €a,=er°+ !
fed 08 the Cfflifeckv flielmiff st'utefl
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SUSANA R. KELLUM m�u �svaiain fp?afor
:�f * NOTARY PUBIIC STATE OF TEXAS 1 #te State q f Texas
04
+� COMMISSION EXPIRES:
6fte OCTOBER 15, 2008
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to x /00 swLI
TEMPORARY OCCUPANCY OF PUBLIC PROP!
MORE THAN 3 DAYS 3 DAYS C
SIDEWALK FEE- 6 D a SQFT, X 1016 X I q(e
STREET FEE- �SQFT, X X_
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Contractors Name: AG/ '/4 ,YZoy ,L?i
Paint of Contact:���,�,•�
Phone Number• - S
wilding PenuitNumber D Sq 1
Purpose for Closure: �, o
Begin Date'-- _ end Date:
Type of Taper acco to pasted speed limit;
Tapers Q 30 MPH loft Offset 30ft minimum
Tapers Q 35 MP11 l Oft Offset 35ft mininnun
Tagers as 40 MPH l Oft Offset 40ft minimum
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NOTIC9 YO IH,5 C€RTIFICAT=� HOLDER NAMED TO THE LEE'!, BUT FAIC,URZ TO DO SO SHALL
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