HomeMy WebLinkAboutContract 52732 �§
f CiTY SECRETARY
CONTRACT J.
NO. 73`2
2619
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CONSENT AGREEMENT i
FOR
TEMPORARY USE OF PUBLIC PROPERTY
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STATE OF TEXAS t
COUNTY OF TARRANT
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THIS AGREEMENT is made acid 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
eja� C n-kVC(-Jal-' L4I-t.
Acting by and through its duly authorized agent,{ �� vl 6 (Irus`
Hereinafter referred to as"Grantee". �
WITNESSETI1:
For and in consideration of the payment by Grantee of charges set out below and the true and
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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 wider, on and/or
above the streets,alleys,sidewalks or other public rights-of-way as follows:
The location and description of said encroachment is niore particularly described in Exhibit 4'B"
attached hereto, incorporated herein and made a part hereof for all purposes.
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All use and occupancy of public street, alleys, sidewalks or other public rights-o[=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 Ofl•icial and the Director of-Transportation
and Public Works of City.
OFFIGAL RECORD
CITY SECRETARY
FT. WORTH,TX
CONSENT NGAFFMENT[c�T—p.,-t.tie 1 F.b%G propvVil dw ,
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Upon expiration of this agreement and the privileges granted hereunder, there shall be no
encroachment by Grantee in, wider,on or above the surface of the public rights-of-way involved.
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Grantee agrees to pay in advance an encroachment fee for the temporary privilege of
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encroaching upon a portion of the public rights-of-way as described in Exhibit"B". Said tee is
calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth
or tempor ry use or occupancy of public property. The estimated total amount of said fee is:
l y S 23 5M6. yo'331,
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Grantee, at no' expense to City, sliall make proper provision for the relocation and/or
installation of any existing or future traffie 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 tend its political subdivisions. In the event that any installation, }
reinstallation, relocation or repair of any existing or future traffic control device or impt•ovoment
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 determines(by City.
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The term l ffy' 7�nM to of this agreement shall be for ; days, from
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Provided, however, should the need kw the encroachments granted hereunder at any time c rise,
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
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CONSENT AGHF.F WF,NT'or Tampoiary uie of public propertyl doe
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"13 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 deter-rnine
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 j
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
Duilding Official for the protection of public health or safety, City may terminate and cancel this
agreement.
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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
ull barricades, equijmmenl, supplies, materials or other propetty From said location. Grantee
further covenants and agrees that for a period of one(1)year after the termination of this Consent
Agreement, Grantcc will repair all conditions or damages to the streets and sidewalks or other
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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 ol'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 tails to comply with the covenants herein contained with respeot to
soeh 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.
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r0N9ENT AG RMAENTfor T—rorary.isa of prihie pmp-11 dar.
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 i
over the streets as have been delegated to it by the Constitution of the State of Texas or by the
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Legislature; and the City cannot contract away its ditty and its legislative power to control the i
streets for the use and benefit of the public, It is accordingly agreed that if the governing body of
City, to wit, its City C:OttnCil, shall at any time during the term hereof determine in its sole
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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.
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Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, i
ordinances, codes or regulations i» connection with the construction, operntion and maintenance
of said encroachments arrd uses.
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12.
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Grantee agrees to pay promptly when chic all fees, taxes nr rentals provided for by this E
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 no( 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, acid
shall be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees and invitees; that the d0et'ine 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.
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CONSENT AGREEMENTfcf Tempo—y use of pudic p•oen/1 dcc
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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 FIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
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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, y
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND
GRANTEE HEREBY ASSUNIES ALL LIABILITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
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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 CCrIiflCatC of 1115UranCe, naming City as certificate
holder, as proof that it has secured and paid fora policy of public liability insurance covering all
public risks related to the proposed use and occupaitcy of public property as located and
described in Cxhibit"0". The amounts or such insurance shall be not less that the following:
Property damage, per occurrence $100,000.00
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Bodily injury, per person S250,000.00
Bodily injury or death,per occtu-n;nce S500,000.00
With tite 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 or 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
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CONSENT AG RE rinc
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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, i
Grantee, agrees,.binds and obligates itselC, 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 I
removal of all encroachments and the cleaning and restoration of the city streets. All insurance
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coverage required herein shall include coverage of all Grantee's contractors.
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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 he void. `6
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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 or the terms and f
conditions of this agreement or out of the use and occupancy or City property as permitted i
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hereunder, venue for said action shall be in Tarrant County,Texas.
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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.
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EXECUTED this • C ay of__Pj�
GRANTOR: GRANTEE: 1
CITY OF FORT WORTH �t���������Ci�►� vl�t
Building Official
Title
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OFFICIAL RECOK �
s CITY SECRETARY
CONSENT AGREEMENTfarTemocr usplprjlypj�gpdt(t,�c�,TX
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JA, R' VL TO F,QRM N T.T%CTA TY:
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nt City Attorney Date
Cam, _ 9
/ 5 . C ty Secretary Date
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OFFICIAL RECORD,
CONSENT AGREE MENTfer Temperary usa Of cube pr� SGCRETi�,I!'�F
FT WORTH, T
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STATE OF TEAS
COUNTY OF TA?RAT
BEFORE ATE, the undersigned authority,a Nota Pic lic 'llgild
For/the Sta o Tex(JS, on lags day personally appeared I
V IX rerl l l ,known to me to be the person i e
name is subscribed to the foregoing instrument, and acknowledged to rile
that he/she executed the samefor the urposes rand co siiderat'on tltf'r�ein�
expressed, as the act and deed of� � Iv 1 1�.MT r�i(G` ,,
and in the capacity therein stated
1%.N UN F.R MY NAND AND SEAL OF Or,FICE this � day
Of 20J ,
Title
.� t emy
THERESA LAMBERT NOTARY PUBLIC
STATE OFTEXAS Notracy Public ira cacul for
ID#12630411-5 The State of Texas
Comm.Expires 06-28-2022 f
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OFFICIAL. ECOPP
CITY SECRETARY
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FT, WORT{,, -W.x i
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STATE OF TEXAS t
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g yy� yy�{� i
COUNTY®d TARRANT �
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BEFORE ME, the undersigned authority, a Notar Perblic in anal
For the State of Texas, on this defy personally appeared �6 on
ra ,known to me to be the person whose
name is su cribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for d pur uses and co id_eration therein
expressed, as the act and deed of
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and in the capacity therein stated
28t`` � F
GIVEZlr ]i�13ER MYHANl� N�VEAL ®F®FFICE this day
Of V 20 €
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�►R °�� MEGHAN M FALCON !
i Notary ID#131797359
r My Commission Expires
November 14, 2022 j
Affiant
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Not ry ublic in and for
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The to of Texas ( j
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CITY
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Contractors Name: v 4,, E L44. 6,✓7AXer0jZ
Point of Contact; i")Ie E uu G
Phone Number: Z fy-G Z 2
� Building Permit Number.�r3/$• o tl!2�
Z Purpose for Closure;ZL - ea j srRucTro
a Begin Date: .V1/Z//9 —End Date: 7-/lz/zo
} Type of Taper according to posted speed limit:
Tapers @ 30 NIPH,l Oft Offset,150'minimum
�^ Tapers @ 35 MPH,loft Offset,ao5'�num
`�e\9 tcoke. Tapers @ 40 MPH,1 Oft Offset,a 65'rninim»
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EXHIBIT
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
AI (W-& tlkk U/ X�
Name of Employee/Signature
C�Nmtg- (:�N�1,ic e
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX