HomeMy WebLinkAboutContract 54094 Date Received: `1 U l 2, 2020 City Secretary
Time Received: 2:47 PM Number: 54094
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CONSENT AGRE"ENSNT
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TEMPORARY USE OF PUBLIC PROPER T Y
STATE OF TEXAS
COUNTY OF TARRANT I
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THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a 4
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municipal corporation of Tarrant County,Terns,acting helm by and through its duly authorized
Building Official,hereinafter referred to as the"City'and
Frontier Waterproofing,Inc. f
Acting by and through its duly authorized agent, : ` enru C-ddkr__ j
Ifereina$er referred to as"Grantee". # t
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WIT SETH:
For and in consideration of the payment by Grantee of charges set out below and the true and C
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 as follows:
401 W.Belknap St,Ft Worth,TX-Sidewalk/l Lane on Taylor Street,on W.side of street,
at Tint Curry Criminal Justice Center. s
The location and description of said eiaoroaehment is more particularly described in Exhibit 13"
attached hereto,incorporated herein and made a part hereof for alt purposes. j
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All use and occupancy of public st cet,alleys,sidewalks or other public rights-of-way under yj !
this agreement shall be in strict compliance with the Charter,Ordinances and Codes of the City 1
and in accordance with the directions of the Building Official and the Director of Transportation ;
and Public Works of City. I
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CONScNr AGREEh!E27rtor Tempore,y usa of pi.35c pcapm yi Coe
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®FFICPAL RE-CORP
CITY SEQRFTARMJ'
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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. )� i
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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 to porary use or occu ancy of public property. The estimated tonal aunt of said fee is:
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5.
Grantee, at no expense to City, shall make 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. l., the event that any installation, j
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 pl
virtue of the existence of such encroachment and use, Grantee shall pay to City and additional l €
amount equal to such additional cost as determined by City. l
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The term of this agreement shall be for V3 days,from LZ4Z1 19 to 41a l-20 � l
Provided, however, should the need for the encroachments granted hereunder at any time cease, }
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Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by l
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the Building Official of the City of Fort Worth,this agreement shall terminate.
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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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CONSF Nf AGR FEME Nrrm Temporary uae o!puhlie properly].doe
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This agreement shalt not be construed w the antis of a i gr g permanent easement, ;
encraachmc tt or license upon City's public streets,alleys,sidewalks,or other rights-of-way. # i
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City, through its duly authorized representatives, shall have the full and unrestricted right to j
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 '
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should reveal a breach of any terrns, covenants or conditions herein, City shall give Grantee l
notice of such breach. Should such breach not be corrected by Grantou wiUn twenty-four(24)
hours of receipt of the notice, i
p ce, or within such shorter period of time as darned necessary by 13te 1
Building Official for the protection of public health or safety,City may terminate and cancel this !
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agreement. 9.
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Upon expiration or termination of this agreement for any reason whatsoever,Grantee shall,at i
no expense to City, restore the public rights-of-way and adjacent supporting structures to a t 1
condition acceptable to he Director of Transportation and Public 'forks or his duly authorized
representative and in accordance with then existing City spec"sficatians,and Grantee shall remove
all barricades, equipment; supplies, materials or other property from said location. Grantee
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further covenants and agrees that for a period or one(I)year after the termination of this Consent
Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other
rights-oFway that have resulted tram 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 � !
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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 � E
in an expeditious and workmanlike manner and shall comply with all applicable lays, codes, l ;
ordinances and City specifications.
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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 stealI not be responsible for trespass or any other damage a liability in connection with such
removal or restoration. Grantee shall reimburse City for the cost and expense of, such removal
anchor repairs immediately hollowing billing For same by City.
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.. CONSENT ArFZEEMEVFr 7enpvwy ice of p,Me pr.,p"S Nee !I`I
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Nothing herein shall be construed as a waiver by City to enforce pens] sanctions prescribed �
by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued
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encroachment upon the public rights-of--way fallowing termination of this Consent Agreement. ! l
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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
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Legislature; and the 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
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City, to wit, its City Cnuncii, shall at any time during the term hereof determine in its sole �
discretion to use at cause or permit to be.used for any public purpose the said encroached portion
Of the streets,then this agreement shall be automaticalty canceled and terminated.
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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 !I
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of said encroachments and uses.
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Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this f
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agreement or by any federal,state or local statue,law or regulation. h
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Grantee covenants and agrees that it sttall exercise all nights and privileges granted hereunder ;
as an independent contractor, and not as an officer, agent, servant or employee of City; that
Grantee shall have exchisive control of and the exclusive right to control the details of its
operations and activities an said described public property and all persons periarming same,and
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shall be solely responsible for the acts and omissions of its officers,agents,servants,employees,
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contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall h
not apply as between City and Grantee, its officers,agents,servants, employees,contractors and i
subcontractors,and nothing herein shall be construed_as creating a partnership or joint enterprise f
between City and Grantee. i
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CGhB"ckF AGkEE+AEh"Tfw Te�wary sae aim pa�eatyl.dx
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GRANTEE
yy p� ��y+g����+�. AND
AGREES
�7L�.¢j, .p� q�� 7� �r �q�y�y y� HEREBY
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G'R AiNTEE COVENANTS VA 4 S S AND AGREES O ll' ENNN g, t7�tVfJ' DOES HEREBY
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HOLD BAR-M EESS AND DEFEND CITY. ITS OMFYCERS, AGENTS,
SERVAINTS AND EW1LOYEES,FROM AND AGAENST ANY AND ALL CLA i;�S OR { f
SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL IP+I.TYJRY,
CNCLUDU%TG DEA`A H,TO ANY AND ALL PERSONS, OF WUATSOEVER FdNI3 OR
CAARACTi ER, W,ti ETHER REAL OR ASSERTED, ARMING OUT OF OR LNCONNECTION WITH, �
I8 CTLY OR INDIRECTLY, T= MAINTENANCE,
OCCUPANCY,USE,EXISTENCE OR LOCA.I ON OF SAM ENC1ROACMVIENT AND
USES GEED HEREUNDER, V/HE.THER OR NOT CAUSE,IN WHOLE OR PARS',
BY ALLRGED NEGLIGENCE OF OFFECERS, AGl N-rS, SV&VAPt-fS, EMPL®PEES, �
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR eMTERS OF CITY; AND E
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GRANTEE HEREBY ASSUMIES ALL LUBILI<TY AND RESPONSIBILITY OF effy, #
ITS 'OFFICERS, AGENTS,SERVANTS AND EMPLOYEES, FOR SUC.4>lr CLAI'gS OR �
Su3TS'. GRANTEE SHALL LMWISE ASSUME ALL LAl39.L.1TY AND [ i
RESP€.NSMILITY AND SHALL,I"]FiJ'JaI+1MY CITY FOR ANY AND ALL IiNJMY OR r
DAMAGE TO CITY PROPERTY, ARLSING OUT of OR lh] CONNECTION MTR s )
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ANY AND ALL ACTS OR OlMSX IBIS OF GRAN-TEE, M OFFICERS, AGENTS,
SERVANTS, EMPLO YEES, CONTRACTORS, SUBCCINTRACYORS, LICESNEES, � 1
FNVI'g'L+ES OR TRESPASSERS.
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Grantee aggress to furnish City with a Certificate of Insurance, naming City as certificate
holder,as proof that it has secured mid paid for a policy or public liability insurance covering all i
public risks related to the proposed use and occupancy of public property as located and 1
described in Exhibit"13". The amounts of such insurance shall be not less that the following: { �
Property damage,per occurrence $100,000.00 '#
BW;ly injury,per person $250,000.00
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Sodity injury or death,per occurrenm $500,000.00 1 i
With the understanding of and agreement by Grantee that such insurancc amounts shall be revised i t
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upward at City's option and that Grantee shalt so revise such amount immediately following
notice to Grantee of such requirement. Such insurance policy stall 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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C�NS£Y�,k£EMrit7ln Ter.�ery cub vl p�Lfic propoclh rLu.
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of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit"A".
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Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary f�
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date of the execution of this agreement.
Grantee,agrees,binds and obligates itself', it successors and assigns,to maintain and keep in i
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force such public liability insurance at all times during the term of this agreement and until the j
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removal of all encroachments and the cleaning and restoration of the city streets. All insurance I
coverage required herein shall include coverage of all Grantee's contractors.
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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 be void.
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This agreement shall be binding upon the parties hereto,their successors and assigns. y
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Should any action, whether real or asserted, at law or in equity, arise out of the terms and
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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. i
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In any action brought by City for the enforcement of the obligations of Grantee,City shall be i
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entitled to recover interest and reasonable attorneys' fees.
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EXECUTED this day y of C�t� 10_
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GRANTOR: GRANTEE; I i
CITY OF FORT WORTH Frontier Waterproofing, Inc.
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f�GGrSrfJ!'!i CJ!^A.G
Building Official
Terry Crider, VP E
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CONSENT ACREEMENT{or Tffnmpersry us of puVic prepeW.dw ! f
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OFFICIAL RECORD f
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CITY SECRETARY
FT. WORTH, TX
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APPROVED TO PORNM AND LHO-ALITY: Apr 8, 2020 n,
Assistant City Attorney Date
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J u l 2,2020
City Secretary ; Date 4
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OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
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CONSW AGREENENTIor Temperaryuse Opubric rworerty7_c'oc j
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S�:.k�.ems' OF TEX .3
ff FIFTY Y OF TA R PU XT
BEFOPXME,the rrraa'ersfgaar?raiatvtaaidyr fr l�Qy F° lac ir€ d
FOr the State 09 7'Pxm,Oh this day persoially r8pper€red_Terms`_Crider � !
Anown to rrre 0 be tf a pePso a whose i
Rome is svh5crived to ike fOregOinff iwtruffsert,and ockrtowkdged to raze
thfat h01she ex dated the Wme fvr ike paarposes a nd eonsideradon therein
wymed,ar ae act and deers of Frontier We Troofmg,,Inc.
and it the capacity theveiyt stated. �
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GIVEN�Il!i DERMFrHAIdPA1VD SEA t,0FGFPjcEtlf%s P i
of MI. b' -- 2a- -_ dad:
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The Brute of Texas
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TERRA HALElGii HARRISON
fin=Notary Public, State of Texas
N h=
.FOFtie�. rri.expires 05-19-2022 '
`•"r��„�` Notary!R T28274865
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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STATE OF TEX4S t
COUNTY OF TARRANT �
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BEFORE ME, the undersigned authority,a Notary Public in and �
For the State of Texas, on this day personally appeared Allison Dray
Development Assistant Director
,Icnaiurz tome 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 City of Fort Worth T #'
and in the capacity therein stated i
GTVEN UNDER DIY HAND AND SEAL OF OFFICE thin 8th day €€
of April 20 20 , f
Ilfft(ri'at T � �
Title
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LAURIE Digitally signed by LAURIE
PEQUENO LEWIS
PEQUENO LEWIS Date:2020.04.08 12:35:15-05'00'
RYp(i LAURIE PEQUENO LEWIS Notary Public inandfor
o�P The State of Texas
_ Notary Public
* * STATE OF TEXAS i
Notary I.D. 132278952
9 OF My Comm. Exp. Dec. 10, 2023
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OFFICIAL RECORD f
CITY SECRETARY
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FT. WORTH, TX
Contract Name: Frontier Waterproofing,Inc.
Point of tact: Jordan 41aer
PhoneKumbev 940-a65-9189
$uilding Eery Number.
f Pilryanse for C#c+siiae: Constructio,
$egiaDetc: iil27/�119 E d pate:I2126J19
v 'Iypa of UM accardiiag to p s3 a limit
Tspres @ 30 BDR,10ft offset 150,Mi2�
Taps Q 40 NW1 10ft offset,a ti-minftmy 1
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STREET a I
215T x 12'=2,520 5P
SIDEWALK
�r 215'x 9'=1,935 5F
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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.
Rochell Thompson 11e&01U&z ZeYn�Axze�
Name of Employee/Signature ll/�
Customer Service Manager
Title
N This form is N/A as No City Funds are associated with this Contract
Rochell Thompson/
Printed Name Signature
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX