HomeMy WebLinkAboutContract 31022 CITY SECRET
,�R
CONTRACT No.
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT 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
Building Official, hereinafter referred to as the "City"and
7-1�es . S. a-/r v1 t . L.+d . All,Acting by and through its duly authorized agent, �c r-ke e Al l i G,
Hereinafter referred to as"Grantee".
WITNESSETH:
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: ( ob W-
0 16%e- a c1'-'a Se c-K&V% e4- -�ht Iia►no(ice,
The location and description of said encroachment is more particularly described in Exhibit `B"
attached hereto, incorporated herein and made a part hereof for all purposes.
2.
All use and occupancy of public street, alleys, sidewalks 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.
�.l
1
CONSENT AGREEMENTfor Temporary use of public property
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 property. The estimated total amount of said fee is:
(�L
A-0119 X 2-3 + XqY
cv\ H Zvaa
5.
Grantee, 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 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 event that any installation,
reinstallation, relocation or repair of any existing or future traffic control device or improvement
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.
6. /
The term of this agreement shall be for gO_days, from ( [oo to l�('
Provided, 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 the City of Fort Worth, this agreement shall terminate.
7.
It 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 AGREEMENTfor Temporary use of public property
"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
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 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, 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
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-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.
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 be 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 such removal
and/or repairs immediately following billing for same by City.
3
CONSENT AGREEMENTIor Temporary use of public proper:
l 1
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 termination of this Consent Agreement.
10.
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
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
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 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 AGREEMENTfor Temporary use of public property
14.
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 AND/OR 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, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TRESPASSERS.
15.
Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate
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 that the following:
Property damage,per occurrence $100,000.00
Bodily injury,per person $250,000.00
Bodily injury or death,per occurrence $500,000.00
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 amended without at least thirty(30) days' prior written notice to the Building Official
5
CONSENT AGREEMENTfor Temporary use of public property
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
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.
18.
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.
19.
In any action brought by City for the enforcement of the obligations of Grantee, City shall be
entitled to recover interest and reasonable attorneys' fees.
EXECUTED this 12.*day of &UeOA�rir , 2004.
GRANTOR: GRANTEE:1.
CITY OF FORT WORTH ''�q�'Kc r
4AWL, Syme
Building Official
o-U. - LAeg r
Title
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CONSENT AGREEMENTfor Temporary use of public pfoperty
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APP O EGALITY:
Assistant City Attorney Date
a-c*LA
City Secretary Date
Contract Authorization
Date
CONSENT AGREEMENTfor Temporary use publiCpropMy
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
ForState of Texas, on this day personally appeared
C�c l��!�\ ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for th urpo es and cons er ion_the ein
expressed, as the act and deed of
and in the capacity therein stated. p
GIVEN UNDER MY HAND AND SEAL OF OFFICE this G day
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Title
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ANGELA ESTRADANotary Public in andfor
Notary Nublic The State of Texas
STATE OF TEXAS
COn n.Exp.081/2112007
STA TE OF TEXAS
COUNTY OF TA.RRANT
BEFORE ME, the undersigned authority, a Notary Public in and
Fo,�the,State of Texas, on this day personally appeared
( A r1cer ltip— ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein
expressed, as the act and deed of ,
and in the capacity therein stated.
.GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day
of bLacat6e-r l 20APJ.
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Affiant; rr
Title
Notary Public in and for
emy
ANGELA ESTRADA The State of Texas
Notary PublicSTATE OF TEXAS
Comm. Exp.08/21/2007
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P,ecelved Time Nov . 17 . 10 : 59x.1-'
NOV-22-2004 MON 02:03 PM T/PW T, E, STREET MGMT, FAX N0, 817 392 8941 P. 02/04
City of Fort Worth Transportation and Public Works Street Use Permit Pagel of 1
FORT
pdot(-X31
WORTCITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 11/12/2004 PERMIT #63248 MAPSCO 76M D.O.E.# Building Permit# PB04-00772
(if applicable)
STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME I TIME
BEGIN END BEGIN END SAT. SUN.
1,W MAGNOLIA ST 799-799 TRAVIS AVE LIPSCOMB S7 11/15/2004 1/4/2005 9AM _4PM1 7AM4PM
TYPE OF WORK TO BE PERFORMED:Other-Fee
SINGLE LANE CLOSURE OK PER ATTACHED TRAFFIC CONTROL PLAN"ALL BARRICADES AND ADVANCED WARNING SIGNS
TO BE REMOVED,DURING NON-WORKING HOURS.
THIS PERMIT/S GRANTED TO THE CONTRACTOR/APPLICANT UNDER THE FOLLOWING CONDITIONS:
• CONTRACTORIAPPLICANT IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN
AT THE WORK SITE OR EVENT AT ALL TIMES.
• THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN.
• ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S "STANDARD
SPECIFICATIONS FOR STREETS AND STORM DRAIN CONSTRUCTION MANUAL".
• ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE
ATTACHED TRAFFIC CONTROL PLAN (TCP) SUCH AS SIGNS, STANDARD TYPE I BARRICADES
SAFEGUARD THE PROPERTIES AND PUBLIC.
• CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL
DEVICES.
• ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY, INCLUDING UNDERGROUND FACILITIES,
AND FOR ALL PERSONAL INJURIES ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE
RESPONSIBILITY OF THE CONTRACTOR.
• A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE
EVENT OF AN EMERGENCY SHALL BE PROVIDED.
• IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF
THE CONTRACTOR'S LICENSE.
THOS S BYRNE,INC AARON LONGAL a
CONTRACTOR/APPLICANT CFW CONTA
EMERGENCY CONTACT NAME PARKER ALLIE
24-HOUR 817-212-4131 MOBILE PGR# FAX#817-212-3909
PHONE
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STREET MANAGEMENT SECTION
311 W 10th STREET
FORT WORTH,TX 76102
(817)392-6594 FAX(817)392-8941
Received Time Nov . 22 , 3 : 07PM
httn*//tnwnermit.cfwnet.org/nonun nermit.ash?hermit id=63248 11/22/2004
NOV-22-2004 MON 02:03 PM T/PW T, E. STREET MGMT• FAX NO. 817 392 8941 P. 03/04
Nov 10 04 10: 33a THOS S BYRNE 817-877-0247 p. z
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Received Time Nov . 22 . 3 07PM
NOV-22-2004 MON 02:03 PM T/PW T, E. STREET MGMT, FAX NO, 817 392 8941 P. 04/04
City of Fort Worth Transportation and Public Works Payment Receipt Pagel of l
FORT ORT11 TRANSPORTATION AND PUBLIC WORKS RECEIPT FOR PAYMENT 311 WEST 10TH STREET
FORT WORTH, 76102
PH:817-392-6594 F:817-3939 2-8941
PAYMENT ID 3150 APPLICANT INC S S BYRNE, DATE 11/12/2004
PAYMENT Check PAYMENT $50.00 Payment is Verifled
METHOD AMOUNT
PERMIT: 63248 DATE: 11/12/2004 TYPE: Other-Fee LOCATION: 799-799 W MAGNOLIA
ID FEE TYPE FEE AMOUNT AMOUNT APPLIED
8561 Perni t $50.00 $50.00
Received. Time Nov • 22 • 3 : 07PM
http://tpwpermit.etWnet.org/popup receipt.asp?pid=3150 11/12/2004