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Home My WebLink AboutContract 36571 CITY SECETARY CONTRACT No. E € t CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY i STATE OF TEXAS i COUNTY OF TARRANT THIS AGREEMENT is made and entered into by and between the City of Fort Warth, a € r municipal corporation of Tarrant County,Texas,acting herein by and through its duly authorize € Building Official,hereinafter referred to as[he"City'and Acting by and through its duty authorized agent, eL! Lr a'Vye.#-f Hereinafter refierred to as"Grantee". i 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 ss follows: I i no Jocanon anti description of said encroachment is more particularly described in Exhibit "H" poached hereto, incorporated herein and made a part hereof for all purposes. 3 2. Ali use and occupancy of public street, alleys,sidewalks or other public rights-of-way under dais agreement shall he in strict compliance with the Charter, Ordinances and Codes of the City i and in accordance with tine directions of the Building Official and the Director of Transportation and Public Works of City. # i € E c .aI5��fWiij 11 CONSENT AGREEMENifor Te p—y ose of pub C pkr y1 J �. ..'J .6 JGt ..✓NC l I o1-29-08 PO4:52 IN E i 3. f 1113on 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. € E 4. Grantee agrees to pay in advance an encroachment fee for the temporary privilege of t encroaching upon a portion ofthe public rights-of-way as describes! in Exhibit"B", Said fee is calculated in the manner and amounts proscribed 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: �Sr?Y7 _.4�`' g17�g f 5. Grantee, at no expense to City, shall mace 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 vii-Tue of the existence of such encroachment and use, Grantee shall pay to City and additional amount equal to such additions€cost as determined by City. . I G. The term of this agreement shall be far„/� d om �9 to _ � / _ _ Provide([, however, shonid the need for the encrrmachtnents granted her 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,thin agreement shall terminate. 7. It is expressly understood and agreed that this Consent Agreement is for a temporary ? encroachment in, tinder, over and upon the public property as located and described in Exhibit { 2 CONSF W ACRFEW--NYAW Tft,,ary use o}puVre pmpe Myy.aM fI i 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. & 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 iI repremtative 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(l)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 shalt be perforated 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 F the City are necessary to bring the public rights-of-way to the condition prescribed herein, and City shall not he responsible for trespass or any other damage or Iiabiiity in connection with such i removal or restoration. Grantee shall reimburse City for the cost and expense of such removal t , i andlor repairs immediately following billing for same by City. i I 3 CONSENT AC WEMENT1nr Tnffl4XM ry van dPWha PpP�y� f I I f k f k i k Nothing herein shall be consMW 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. i i f 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 die use and benefit of the public. It is accordingly agreed that if the governing body of City, to wit, its City Council, shalt at any time during the term hereof determine in its sole discretion to use or cause or parmit to be used for any public purpose the said encroached portion of the streets,then this agreement shall be automatically canceled and terminated. Grantee agrees to comply frilly with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction,operation and maintenance oFsaid encroachments and uses. 12, Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this l 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 i 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 respondcat 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 1 between City and Grantee. i i 4 CONSEWr AGAQ EMEOMO,TwVp ,y u.v O}"k pn p•Ay1.d(_ !` 13 1 i i 14. t GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY OMEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, I SERVANTS AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR j 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 WOOLS 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 LE"WISE ASSUME ALL LIABILITY AND RESPONSMILITY 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. ts. I 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"13". The amounts of such insurance shall be not less that the following: Property damage,per occurrence $i 0010(M.00 ' Bodily injury,per person $250,000.00 Bodily injury or death,per occurrence $500,000.00 i With the understanding of and agreement by Grantee that such insurance amounts shall be revised 1 upward at City's option and that Grantee shall so revise such amount immediately following notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty(30)clays' prior written notice to the Building Official s C4MSENT AAHEEMEii"f[ar 7empprwry we alP P�P�Y1 Mr. f of the City of Fart Wcwth A cropy of such C eatitirAw of €nsmame is attackA as Exhihir "A'. Grantee agmes to _rulmil a grim lar cwffivrttre of fmWen(n artnuallfy w Oty cut dw arraiversar^y datc:rri Live enct:tion of this a gn-em ant. Orantec. sgrefm,binds avid obligrrtes itself it Utmmsors and assure,to rnainfahk arnd keep in f�zrc' �)Jcft public 4b'•lity itasurmwe at all times during tf:a tuna of ittis agmeement and mitil the r'CRIOV,Pal of ail encroachmk:trts and the J a nirng and res oration of the city itmeU. All instrarwo wwage,required ttmin almll itrcWa eovemige of all Grantee's at►ntracttrm, 16. Orantoo vovenaAw am-t a,g:ces tiar it►vill ntx assigxs all or any of ft rights,ptivitw at duties undar this jwnvrac:t without lxr or vur;tE$rs upfu+oval of'City, aid any court pted amigo pent vrimotlt such prior writ�tt apprr=val shall be,void. 17. This atr-tvrrtatR shall be binding capon the Imatirx hertta,thOr SUCCtMWWS WId Migas. is. ilmild any "ticm, whathec• real or asqarted, at law for in equity, arise vita at-the. term and conditions of ttris ag, tefumit Ot out of lira urtn "d OfX-,UPWwy of. City i mperty us iV.,rvnttb:Ld ikercunsicr: Ventre tvr $dice action wall be in Tarrant ctltvnfJ4 I,texas_ M. to my Action braaght by C4 far thfa enft!rcrment of tha obHptiom Owtmtee,city shall he encitiecl tu rersMmMbtt:atlarrveys' 1 vday O 0/ V �,�•r,a,r ,.wilding OfficR'll [,7' Tints__._._..—.._..._...._.--..._�____._._.._.._.....M.w, 1 ti { 1, 3 {Frr fi i 1 RD D TD AND LEGALITY: IA sis nt City Attorney Date City Secretar Date f NO M&C REQUIRED i i I 7 e COMENT AMEEMEWIT r Yenpw"ude of pubk proparfl,poc i f I J i STATE OF TEXAS t i COUNTY OF TARRANT 1 BEFOREME, the undersigned authority,a Notary Public in and I Fja t�ae Sta of Te rrs„an this day personally appeared ,known tome to be the person whose name is subscribed to theforegoing instrument,and acknowledged to me that helshe executed the same for tp&poLei rutd cn sirleratlnre therein f expressed, as the act and deed o,f and in the capacity therein stated. 441 GI .N U DER ANY HAND AND SEAL OF OFFICE skis' �Q day of CclzaAla 20-Q-J. i Affiant Title i i r i Notary Public in and fa ' The s *Rr Rio•., R. G. NAREI ao Notary Public,State of Texas � = My Commission Expires September 10,2009 i 1 I { r f i I } lREF'OR MA, ate undervigned author*y,a i ohwy Public im and o v th a.state pf Texas- Bye this,day personally rrx,peared _--- rerzrn+y is srtbserihed to the,for4going instrunien(,and arkmowkdged to xne that helsite executed the samelbr the PAFIWsev and eons rmli n kerein expYessed,aw the fact and Wavel of f.,Le and in/be cspacily ikereim stared Gil V�WJN i?W Y 71A JVD A ND SEA 1, OF OFF FCA diis 7i -f I Rt i�rtle �otaiy.�'el��lt'l!t ll'Flft fEYY Tile state ofTexas �.r"� SUSANA R. KELLUM ROTARY PIA W9rATE Of MMq 00IN13310"exrIRea: OCTpBER 15,zoos Point ofCcy"Ct: Ruitdmg Pewiit Number: rm Purpose far Clue: Type of TVW sus top limil: T$pm @ 30 bMH 10ft Offset 34ft Tapers @ 35 MPH 18R Of et 35$niahmn L �• Tapes @ 40 MPH 14ft Offset 44ft wbdmma TEMPORARY OCCUWVCY OF PUBLIC MPEA rY ry MORE THAN 3 DAYS 3 DAYS OR LE MORE � SIDEWALK FEE- SQFT, X X ys STREET FEE- SQFT. X ,pg X D YS TOTAL jPPLI A IT MUST CALL FOR AND CEI E AN INSPECTION AFTER ALL PRO A-1 E BARRIERS OR OBSTRUCTIONS ARE IN Pt ACE. •a- � b4s