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HomeMy WebLinkAboutContract 26603 CITY SECRETARY CONTRACT NO. a �� 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"' and �� - -K-- acting by and through its duly authorized op C �— 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: aw �,- OF S i t r1)A,n1 1("o Fir F o T ff)A,,J OEu, PECOOD C mly H9 a 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 amount of said fee is 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. 2 The tern of this agreement shall be for_—3 —days, from to v2 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 `Forth, this agreement shall terminate. 7. It is expressly understood and agreed that this Consent Agreement is for a temporary encroaclunent 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. s. 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 suppoiling structures to a condition acceptable to the Director of Transportation and Public Works or his duly authorized representative and in accordance with thenMME wtfm specifications, and Grantee shall remove all barricades, eq T„pterials or other property from said location. G 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 an), 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 Nvaiver 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 COY O"C��� 'SPY Ra U'V IYI uj H1 p �4�N1e 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. MPV 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 indemnif},, 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«rhatsoever kind or character, <,vhether 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, 1 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 `North. 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, 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. All 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. Fr, EXECUTED This day of ` 200). GRANTOR: GRANTEE: CITY OF FORT WORT B BUILDING OFFICIAL APPR ED TO M61 AND LEGALITY: Opera n or�S m TITLE C ATT NEY DATE:4ZS ITY SECRETA DATE. - Contract Authorization Date Jul p�GpG�� ESCUDO10 r�� ��r^firL STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared i m A . FIS I-n S�; — ,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 urposes curd c nsiderati therei t expressed, as the act and deed of S cc;���'n and in the capacity therein stated. I dl. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r day Of e � 20-D-L. cant , 1 JUANITA JOYCE JEFFERSON Notary Public Alo a '} ublic in ad fo State of Texas ` Comm, Expires o6-28-2003 TI e State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notar Public in and -E�kthe State of Teras, on this day personally appeared Q'-^m vpenajbA. ,known to nre to be the person r rose name is subscribed to the foregoing instrrrnrent, and acknowledged to nre that he/she executed the sane for lh4ptirposes and consideration therein expressed, as the act and deed of and in the capacity therein stater. jGj VEN UNDER MY HAND AND SEAL OF OFFICE th is day Of 2o-O-L.. Affiant O �n orJS MrW A - l sty.► C— lc- Title A' ry Pu rc in and for The State of Texas AMY WLEM Notary Public,state of Texas My Commission Expires 11-01-2003 12 [IRC01® tl Pa L'JU` 11.111H� TEX, rte„ 1 -- --. 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OALLAk TX 75220 CERTIF AYE 1I0 R AAorrIo"L mmumEU:INGUAIR LerMR CANCILLA ON mm"A"w 0►IMF Am"11 soom■ro POL026"OOJ401440 0""00 Tn8 UPWATgM SATS TM AW-TMS IMNIYIO OOMPAW W"E>MAVOM Ta*%L CITY OF FORT WORTH 30 ams ww"o Markt To"W C•affmAft MUM MAMiiI Me To Lm. DEPARTMENT OF 09KLOPME.NIT autFAM.YaaTaK"ay"Mo ogSVgLlMweil+,MOos6MATMON UQW" ELECTRICAL UCTI011 ei&" TME com Art MIAVBNTaONRMPREQEMrAm", 1000 TIIROcmaTOM ST A„rb"04 piP.SaeaTATIyS FORT WORTH, TX 74102 Kevin rolls CORP -=N 1199 AG !6.8( r CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 02/14/2001 PERMIT# 8159 MAPSCO D.O.E.# NONE (if applicable) STREET BLOC FROM TO DATE TIME M-F TIME TIME SAT. UN 1.MAIN STREET 7TH STREET 6TH STREET 02/28/2001 03/02/2001 9:00 AM 4:00 PM 2. 3. 4. 5. TYPE OF WORK TO BE PERFORMED:(check all that apply) ❑ RESIDENTIAL ❑ COMMERCIAL(SITE PLAN# ❑ CURB/GUTTER ❑ DRIVE APPROACHES ❑ SIDEWALK OTHER ❑ HANDICAP RAMP ❑ STORM DRAIN ❑ UTILIT]t TYPE INSTALL SINGN AT CACTUS FLOWER THIS PERMIT IS GRANTED TO THE CONTRACTOR UNDER THE FOLLOWING CONDITIONS: ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARDS SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION NIANUAL" ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL PLAN(TCP)SUCH AS SIGNS,BARRICADES AND WARNING LIGHTS TO SAFEGUARD THE PROPERTIES AND PUBLIC CITY TRAFFIC ENGINEER AND/OR INSPECTORS NIAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL INJURIES ON WORK PERFORNIED 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 ITIS UNDERSTOOD THAT VIOLATION'S OF THIS PEkVIT M4Y RESULT IN THE REI'OCATION OF THE CONTRACTOR'S LICENSE CONTRACTOR IS REQUIRED TO HA I'E THIS PERVIT AVD TRAFFIC CONTROL PLANAT AT THE WORK SITE AT ALL TIMES, THIS PERMIT IS ISSUED IN ACCORDANCE IVITH A,V APPRO i ED TRAFFIC CONTROL PLAN(TCP) -Z `11rg / nFSIrN FI F(TRIC KAP b `2 CONTRACTOR PERMIT ISSUER EMERGENCY CONTACT NAME TQ\jMy R1fnFRFR 24-HOUR PHONE 817-529-5290 MOBILE 817-822-2019 PGR# CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AT THE WORK SITE AT ALL TIMES. THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. INSPECTOR SIGNATURE �-'�,, I INAL FSPT , LT �„��;��IV � �: uU`.�i1U� 3 I 0 Z � r i z a } n U � I 1 C I l Q I v) t< N C�a�rFS a cam o — Ij J J CL CD U o i x X CDok " I Eo I l 0 3 E E E J � ors'� EE E _ :3 L 0 lie • L �, E 'E •- 1 �. C E 0000 4- N , l L � 'G tm CD C) C:) o CL 10 j O0. CLCl E Z E m CD U Z � � � O i O " MM <t O � c -o " aa: � oU RC1. ,° a; LUUUa 0 . o c cn rs 'mZ � QH F� H FEB-13-2001 TUE 03:42 PM TPW-STREET MANAGEMENT FAX N0. 817 871 8941 P. 02 ROAD WORK>\ AHEAD END ROADWORK l I II i Illi II I 1 �II _741k5T Q I 0 I Cr �z gir MMS S�- LLo I 16%U - I OOH RIGHT LANE �lA I CLOSED AHEAD Z x I RIGHT LANE S. CLOSED ENO p AHEAD ROAD WORK I X S ROAD WORK 1 1 AHEAD ` I aL f o This plan is submitted for TCP. I certify this plan will be used for the following location(s): /� N s CV , r co and that all chan elizing devices will conform to "General Notes" as shown on the back. iu o Signature: Date: 01 CITY OF FORT WORTH TYPICAL TWO WAY STREET TRANSPORTATION ONE LANE CLOSURE AND Note, —_ PUBLIC IC WORKS —�ee_teverseneralNales-and-Device-Spaciog PLAN "All