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HomeMy WebLinkAboutContract 25706 CITY CONRCTNO y T 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, herinafter referred to as the "City"' andPSN V acting by and through its duly authorize !K A hereinafter referred to as "Grantee". WITNESSETH: 1. For and in consideration of the payment by Grantee of the 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 portions of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: bQ0?4 D?b,03 ,Qf 'GG Y MCCEIRG,y IiaINGIH, 11 9 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 streets, alleys, sidewalks or other public rights-of-way under this agreement shall be in strict compliance with the Charter, Ordinances and Codes of City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. 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 QfM amount of said fee is 5�4e LJ A,IM 7x- :—HISS sF X G�D� z 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devices 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 an additional amount equal to such additional cost as determined by City. 6. `A, 9s� The term of this agreement shall be for -f ' _days, from to i 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. 3 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 "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 4 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 too 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. 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 5 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 that 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, should 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 statute, law or regulation. 6 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. 14. Grantee covenants and agrees to indemnify, and does hereby indemnify, 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, including 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 caused, in whole or in 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, licensees, 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 than the following: Property damage, per occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $500,000 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 amounts 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 of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar 8 Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. Grantee agrees, binds and obligates itself, its 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. AM insurance coverage required herein shall include coverage of all of 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 the 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. 9 /4- 0 EXECUTED This day of AA Z , GRANTOR: GRANTEE: CITY OF FORT WORTH rDsv! �f v BY:111)- )LJ,• �A"- A00a BY: �DS/� G�%tiG BUILDING OF CIAL 3/1 G/2 Wd APPROVED TO FORM AND LEGALITY: C C��'7CIT TTORN Y DATE: (, CITY SECRETARY DATE: Contract Author zation Det® 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notarl,Public in an For the State of Texas, on this day personally appeared I JQ . ,known to me to be theperson whose name is subscribed to the foregoing instrument, and acknowledged to ire that he/she executed the same for t/l e purposes and consid erytion therein e_rpressed, as the act and deed of tll 551 STr f)06, C- A and in the capacity therein stated. � �'jVE UNDER W HAND AND SEAL OF OFFICE this —,« day of Affiaiit ER ria ELBA m AGURERA NOTARY PUBLIC "1tiY^Y;r f State. of Texas • . , ,.,r, Notary Public in and for .` �cxnm. Ex j. 01-03-2N The State of Texas 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notaff Public in and For the State of Texas, on this day personally appeared AP%"; ,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. G N UNDER MY MAD AND SEAL OF OFFICE this day Of �, LISA M.TRWILLO P . Notary PubUo,Slate of Texas My Cmw W m Expires ffiaitt sor+ SEPT.26,2001 ota Pub tc in and for The State of Teras 11 Sent By: G MORGAN INS; 7138819727; Feb-22-00 12:41 ; page 1/1 Z•a< >;e:" ax"e', .-.y"` '<�:i:: .p, x: t *M;"ra>,:ay.<efxg Fa xat e> .°9a3.rw??axars4 a , . `,r� �6 ' ">•' >.x,<qs• '^'' y�'�w':'^, O^OZI� a " 6aonuCfir TMS CERTIFICATE 18 ISBUED AS A (NATTER OF INFORMATION ONLY AND CONFERS NO HIOHTS UPON THE CEATIRCATE O.OwNsh bawMos Ag*MY, Ino NOMM THIS CERiW"TE DOES NOT AMEND, EXTEND OR 10800 MorfAwea IRreoway V w- Houston, Van@ 77002 COMPANIES AFFORDtNQ CONERALGE 17166 681.!260 caae3Arlr A UNDiRTWRITER3 &Y LLOYDS WsuRED ODMPANY T•sos de Rnsrlf Ft I op& B 104•906 N Houston SL CgwAHr FL Worth Tx 70102 C .. COMPANY D � �7 ��r.<eea•.n,�«.�.."...>.,..»:. eat,..:'^?..... o»aw..:,:.:°k'S .�•.�«'�. ...�aae><;y, .��d,�# .as?i.;.," ..2:'µ'r aa�x .a. rax�:a.3 .5"exe'!` ne,,.,�a`>�2°3.,. s,. THIS IS TO CEFf)FY THAT THE POLICIES OF INSURANCE LISTED BCLOW HAVE NFN ISSUED TO THE INSURED NAMED AWVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY ArO R1EMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY OF ISSUED OR MAY PEITrAW,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCI LIMNS ANO CUNDITIONS OF fl POi1C,( . LIMITS SHOWN MAY HAV BEEN f1EDU BY .N,D,_CLAIMS a'«a lcY a�ecTwe p"y wpirrKLN co TYPE OF N ANO POLICY OAT& MWWM IDATL "AMD" um" A oavii-uA®LfTY RIMAR *7947 02/21/00 02/71/01 ODER&ASSFEBATE 1 500,000 X COMWACLAL cia+wu�LIADLTTY PPAOUDTB-Oa I)P A00 500.000 wags MADE I I 0 R PUMONAL a Any N noir s 6a0,o a OWNM a CONTWTORS PROT S. _500,000. RK DAMAGE(Ary one Uro) s ,O,000 MED DLP &W per 5 S.DUO AUCOMOBIE UABL1Tr ANY►uT0 COMBNED SINGLE Lunn = ALL OWNED AUIOS BODILY KAM sc1�DULFn wrap Per P.n,,,,1 s NefDAU7� GODLY INA)RY NOWOVAWD AMOS V (S'af tCcldenQ A -- fI`IOPERTY DAMAGE s ANY AUTO ` Olft&1 THAN AVN afe.Y: EACH ACCIDD(T i - ACptiREOATE S EXCESS LIMLRY EACN OCCVAFENCE S UMBFW"Fcnm AOOFMATE -4$ OTHER•RAW UMBRELLA F" 3 Nrommis COMMMATICK AND wC STATS EAS EMPLOV9W LIABILITY EL EACl1AQCWNT .:.. ' THE PROPREIOA! INCL ELDSE-POLICY L t'ARTNETiSkXPCUTNP ... ISE, .. UT s .._ OFFICERS APE EXCL EL DISEJ}8E.CA EMPLOYEE J S OTHFp M-SCRPTICH OF 0PERAT*ML0CATKwA5ftHIOLES6PECIAL ITEMS i,klmSE9 LOCATION loi-105 N, HOLWTON ST. rV. WORTH, TX rrTY OF FT. WORTH HAA 93ITD7 ADDED M AN ADDITIOKAJ. INSURED. EXHIBIT �t�:, a .+ ,+"' <. 3#ax'6•<a-a.a::.ni. :.. ..: :s:.� .': �.a- <rzrzAyF cxsa. ,» :. •. 9H(X)LI)ANY OF THE ABO%£DESCfOM POUCH BE CAF41LLM QWW'(NE WY of F'T. WORTH EVIRATION DATE THEMOF,THE ISSUINO IXW,#NY WLL E 1000 TH1IOCKNOM"m DAYS MTTEN NOTICE N THE WMFICATf NAAED 10 a LEFT, FT. MOATS TY 78102 BUY FALUM TO MAL SUCH NCYTICE SHAD RVOSE NO nON LIAGLRY OF ANY KIND UPON THE COWANY,ITS AGENTS OR REfese17 =" AUTNMM)REPRESWATNE 41tRERT M10MAN, PRESIDNi T. `moi#.ob... �'"x�° t"'oei.l.�at`<oawiydx w&.w'::oo»":I:S'ae•�E"<��"i otp,.T? `"•2��e.t i•:::i T'lr__°u',�a' n,�e,,; ' m af��v3#. a.nn< ANT MUST CALL FOR AND RECEIVE AN INSPtu i ION Ar I tv -MOPAME BARMS OR OBSTRUCTIONS ARE IN PIACI, ;cFCA dc� TO TEMPORARY OCCUPANCY OF PUI UC PROPER MORE THAN 3 DAYS 3 z\ OR LESS ■ '� :SIDEWALK FEE, SDFT X Q.oI X DAYS SST FEE SQJ X X DA';S = !3 _ TO L s a EXHIBIT