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Home My WebLink AboutContract 36572 CITY SECRETARY91 CONTRACT NO. koa t CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS j COUNTY OF TARRANT i THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a i I s municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Building Official,hereinafte r referred to as the"City"ant( F Acting by and through its duly authorized agent, A��r1i � .•✓�_f�, f Hereinafter referred to as"Grantee". 1 i r WITNESSETH: j For and in consideration of the,payment by Grantee of charges set out below and ttte true and ; i Paithiul 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 idewalk or other public rights-of-way as follows: (rce ff vac�—VtV I i no 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. j 2. All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under j this agreement shalt be in strict compliance with the Charter, Ordirtances and Codes of the City I and in accordance with the directions of the Building Official and the Director of Transportation t and Public Works of City. i CONSENT ACREEMENTIor Temporary unaMputAcpra L'Oc 1 01 -29-08 PO4 :52 IN 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. 1 i 4 Grantee agrees to pay in advance an encroaclitnent fee for the temporary privilege of i encroaching upon a portion of the public rights-of-way as described in Exhibit`B". Said fee is I calculated in the; manner and amounts proscribed by the Building Code of the City of Fort Worth i for temporary use or occupancy of public property. The estimates! total amount of said fee is: 1 aKn >e-_/fir pcGT. ,8�1.l�c�•�_S/x�/t Fi�!� S�'R�eT ----1 `eT.x_fd_.Ft 1 I Grantee, at no expense to City, shall make proper provision for the relocation and/or f I installation of any existing or future traffic, control devises or other improvements affected by i 1 such encroachment, use and occupancy, including the securing of approval and consent from the i I 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 i 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(dual to such additional cost as determined by City. i F i G. / IZWO 1`lx;term o{'this a-rcetnent shall be fo► � day . fi oni 1 H 9 1, o7to /o ..—�-- 1 / 1 Provided, however, should the need for the encroachments granted hereunder at any time cease, Granter agrees to immediately notify City of such condition; and, upon receipt of such notice by i the Building Official of the City of Tort Worth,this agreement:shall terminate. 7. t It is expressly understood and agreed that this Consent Agreement is for it temporary encroachment in, under, over and upon the; public property as located and described in Exhibit i 2 CONSENT AGRFFMBN I for T-100 ry use pf public,propertyt.eec J! RI i 4 i. "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. i i g• 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 ! ! i 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. i i 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 i 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 i 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 i ! 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 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 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. i ; s ! CONSENT AGREEMENTfar Temporary use of Fxepapert�rt,doe r; J�� L Y L K ff i i 1 S. 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 r 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 r 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 j r streets for the use and benefit of the public. It is accordingly agreed that if the governing body of s 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 f of the streets,then this agreement shall be automatically canceled and terminated. f r 11. j Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, i ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. i f 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this I agreement or by any federal,state or local statue, law or regulation. S i 13. r Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder j as an independent contractor, and not as an officer, agent, servant or employee of City; that Grantee shalt 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 i CONSENT AGREEMENTfor Temporary ..of pudic properiyl.tloc G i s i l I 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, I BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, i CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, 1 i ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND i RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR j DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, i i SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, E INVITEES OR TRESPASSERS. t 4 I5. Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate l 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: j r 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 i 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 AOREEMENT(or Temporary use of public properlyl.dw. i 1 oftfic City of Fort lit wOi A ucjpy of suoh C ortifieaw of Insurance is artachcd as Exhibit`:A` Grantee agrees to ;au,'.b.raft a xiirai8ar CortifteAte of lx►suraa lm a+tnually to COY oil dw. annive lma►►y date;of the e,xccution>O f this atgmwterrt, (irvnte.s% agrc*s,binds and obk4ates itself, it saccassors and a"igrv.,to maintain and keels in t�rcY Ouch pubfic liability insurmice at all timos during the teem of this agmeinant and inall t�ae t'emovai of ad encro,acht-ne.nts and the cleaning and rest►rrralitm of the city stmets. All insurance. coveruW required herein slia,11 include coverage.of all Gnintee's cr ntractom. 161 Gran(ve t:,t_iverswa acid afg.om tlemt it will am aasigr;all or any of its rigUts,priwilegcs.t or dutius atradw this contract without fnric r mTitten aappiuval of City, amid any Mmiripted amiganient wiftmit .:such prior writteaa appmvA sarra7l be.Void. 17. This aiEerea.rte;rrt shall be biractirbg tspon f1w partita hareto,their suer.-gibes and assipris, f 13. Should miry aaetiort, Whoolex. seat or tassatted, at taw or in equity, arise ottt of the tt;rart; and u0ndi ma s of this agim- bent of out of the use ewd vWx-apaaac:.y of City property as trs;rMifted tterounder, venue f-Or°saki action staall be.in-F asar w County,Texas_ t 91. In auly action br tught by City for the erfiv. cteanetrit of the otblip ditras of Orantee,City shad he entified to rucovrx ixatearest and rtramtrtable tattortae.-Y ,feee %f d.:l�l d 6�ik715 i'�Cfiday cf-r ib 3RANTOR: GRANTEE: CRY OF POPIT WOUIP. I'Suila ng Official Titl t Co94f {l•A" f1?E'1!':N'tkx 7a*iwr�n.owe N Polk:W.0-0, X. P OVED'ITZ AND LEGALITY: 0 ity A,.,i,t4antity Attorney Date Mate VCjv SeQcretar =M&C jtL.()UIRED NO 7 CONSENT AGREENENT(Or TWPOMY use of rubUc propertyl-doc 6-ARAUF a I i F f i }tf 1 STATE OF TEXAS COUNTY OF TARRANT I i i. BEFORE ME,the undersigned authority,a Notary Public in and day personally appeared tlngm= ,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 f rposes and co ireration .therein expressed, as the act and deed of __, and in the capacity therein stated. .r\GIVF,N UNDER MY HAND AND SEAL OF OFFICE this _ day ofP i i i Aftant Ra jl � "K c. i �'ifde �d�--- Notary Public in and for The + R. G. NAREZ Notary Public,State of Texas My Commission Expires September 10,2009 ` "s t + a + s i 4� I i i I i�N9 U�L GyI, a F", 7' COUAI'll"I" 'A' BEFORE 411-7, Ate imdeps-i,Vned itutbority,a Nobir 0 pllbo'j:in and For the Siate i)f'Texftsl, oyl this thlypervonaky tfjppef� &VrJL4 -I--,------I---II.-I............... narme issubsefibed Jo theforegoing instrument, and acknosviedgXd to Ime theit heAhe executed the same fair the purposes and considerediou z ierefif expressed as the act Irvd deed of (Inief in ifie capacity there in stafed. rl �" Tlh 'Drfi"N i'VI'Y HAMD,el All-)Sh l L OPOTTYCE* rftant Title M)taty.Public The-Siate qf7exas SUSANA R.KELLUM K"Sl CFO" j5,2008 0OBER TIE Contractors]Name: Point of Contact Phone Number. - Building Peanit umberR �� ,,�c Purpose for Closure: Begin Date: Type of Taper among to posted speed limit: Tapera®30 MPH 10ft Offset 30ft mmmuum --�t1a C�•�'�.• Tapers Q 35?"H 1 Oft Offset 35ft mbd=nm Tapers®40 MPH 1 Oft Offset 40ft minimun NoAA.. f}rrvw R I T LESS MORE THAN 3 DAYS ' 1 SIDEWALK FEE- lk 20 SOFT. X.o 6 X ` �iwS STREET FEE- - SQFT. X X L YS . oc7 u 0 IT gtp��osq � A,17 f ALCANT T CALL FOR AND PPECTION AFTER ALLARRIERS OR OBSTRUCTIOAS 00A ff _- -- - - 4