HomeMy WebLinkAboutContract 54085 Date Received: J U n 30, 2020 City Secretary
12:47 PM 54085
Time Received: Number: ! i
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CONSENT AGREEMENT i
FOR '
TEMPORARY USE OF PUBLIC PROPERTY
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STATE OF TEXAS
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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 here' by and through it
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Bu'[ding O icial,hereinafter referred to as the"Cily"and, /r l �l n e5
Acting by and through its duly authorized agent,
Hereinafter referred to as"Grantee".
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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,tl eys,sidewalks or other public rights-of-way as foil ws:
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The location and description of said encroachment is more particularly described in Exhibit`B"
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attached hereto, incorporated herein and made a part hereof for all purposes.
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2.
All use and occupancy of public street,alleys,sidewalks or other public rights-of-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 Official and the Director of Transportation i
and Public Works of City.
OFFICIAL RECORD
CITY SECRETARY }
FT. WORTH,TX
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CONSENT AGRefinemfar Temponmy use of puhlc pmpmty)doc
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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.
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Grantee agrees to pay in advance an encroaclment fee for the temporary privilege of f
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 Port Worth 1
for temporary use or occupancy of public property, The estimated total am unt of said fee is: i
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Grantee, at no expense to City, shall make proper provision for the relocation and/or
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installation of any existing or future traffic control devises or other improvements affected by f
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such encroachment, use and occupancy, including the securing of approval and consent from the
appropxtate agencies of the Stafe 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 and additional
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amount equal to such additional cost as determined by City,
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The terra of this agreement shall be for days,from 5jv t to � t � ,
Provided, however, should the need for the encroachments granted hereunder at any time cease, I
Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by I
the Building Official of the City of Fort Worth,this agreement shall tonuinate.
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 l
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CONSENT AGRFEME NTtar Temporary uss of pvhl}c prmpertll.doc
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"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.
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City, through its duly authorized representatives, shall have the full and unrestricted right to
enter upon all public rights-of-way For the put-pose of making inspections to determine j
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compliance with the terms, covenants and conditions herein. In the event that any inspection i
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.
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4.
Upon expiration or termination of this agreement for any reason whatsoever,Grantee shall,at
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no expense to City, restore the public rights-of-way and adjacent supporting structures to a
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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
all barricades, equipment, supplies, materials or other property from said location. Grantee
Further covenants and agrees that for a period of 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-of-vvay that have resulted from Grantee's use or occupancy of the streets and sidewalks or
other rights-of-way, as detern3ined 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 froin
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the'Director of Transportation and Public Works or his designee. AH repairs shall be performed
in an expeditious and workmanlike manner and shall comply with all applicable laves, 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 Cite right to remove or dispose of any barricades,
equipment, supplies,materials or other property and repair any conditions which in the opinion of i
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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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CONSENT RBRE61dENTfor Tempotary:ise of putlepropartyl doe
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Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed
by the Code of the City of Fort North 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, inchiding 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 the use and benefit of the public. It is accordingly agreed that if the governing body of
City, to wit, its City Council, shall at any time daring 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. }
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Grantee agrees to comply fully with all applicable Federal, state and local laws, statutes, t
ordinances, codes or regulations in connection with the construction, operation and maintenance
ot'said encroachments and uses.
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Grantee agrees to pay promptly when due all fees, tares or rentals provided for by this
agreement or by any federal,state or local statue, law or regulation.
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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
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operations and activities on said described public property and all persons performing same, and
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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 Grantec.
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CONS ENT AGREEMENTfor Tamparary use of puh is pronaly7 rfac
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GR,,,TEE COVENANTS AND AGRELi S TO INDEMNIFY, AND DOES HEREBY
TNDEMIFY, ITOLD HARIMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND 1•?NTPLOYEES, FROM AND AGALNST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE: OR LOSS AND/OR PERSONAL INJURY,
CNCLUDING DEATH, TO ANY AND ALL PERSONS, OIL WHATSOEVER KIND OR
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CHARACTER, WHETHER RIVAL OR ASSERTED, ARZSItNG OUT OF OR IN
CONNECTION WITH, b€R ICTLrY OR IM)MECTLY, rHE -MAINTENANCI ,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACIiIVIEINT AND
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USES GRANTED I-It,RFUNDER, WHETHER OR NOT CAUSE, IN WI-10LE OR TART,
'BY ALLEGED NEGLIGENCE, OF OFFICERS, AGENTS, ST:RVANTS, I;mPLOYEES,
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CONTRACTORS, SUBCONTRACTORS, LICENSEV1,9 OR IINVITEES OF CITY, AND
f;RANTEE HI;IIEMY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, ;
us OFFICMC S, AGENTS, SERVANTS AND FNIPLOYEES, FOR SuCff CLAPdIS OR
SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIAlMiTY AND i
RESPONSIBII.,I"r'Sl AND SITALL INDE;IVINIFY CITY FOR ANY AND ALL INJURY OR i.
DANfAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION LVTTfI
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ANY AND ALL ACTS OR 01VIISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, r0,-I1'l`.,0'YFT,8, CONTRACTORS, SURCONTRA CTORS, 14CE;SNEES,
INVITEES OR TRESPASSERS. i
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cleantoo agrees to ruriisli City with m` Curtificatn of 11161.1rance:, imming City as certificate_ i
holder, as proof that it h"S secured mid paid for a policy ol'publie liability sn8usaico covering all f
public risks related to the proposed use and occupaicy of public property as locates! and '
described in I'xhibit`T". The amounts of such instimuce shall be not less that the following:
Property damagc,per OCCikrrenCe s to o,mom \
Bodily kkljnry, per person S250,000.00
Bodily injury or de:rth,per occurrence S500,000.0{1 rf t
With the Understanding of and agreement by Grantee that such insirancc amounts shall bo revised
upward at City's option and that Grantee shall so revise rich amount immedimlely Following
notice to Grantee of such requirement Such insurance policy shall provide that it cannot be
canceied or:alnenAed without at least thirty{30}days' prior-,sritten notice to the Building Official
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ROAiSEhll'nC}pEEF,IF W'p�o-"{!n•prnary 4.r n1 o_rllr.prronrP�,dnc
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of the City of Port Worth. A copy of such Certificate of Insurance is artached as Exhibit"A".
Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary f
date of the execution of this agreement.
Grantee, agrees, binds and obligates itself, it successors and assigns, to maintain and keep in i
force such public liability insurance at all times during the term of this agreement and until the f
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removal of all encroachments and the cleaning and restoration of the city streets. All insurance
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 i
such prior written approval shall he void.
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This agreement shall be binding upon the parties hereto,their successors and assigns. 1
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Should any action, whether veal 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.
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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. r
EXECUTED this day of 2�
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GRANTOR:
CITY OF FORT WORTI:•I c �l! 7 J ✓( 4
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Allison Gray L
Building Official
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OFFICIAL RECORD
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CITY SECRETARY i
CONSENT AGNEEMENT(aTamccYaryuana( O RTH8 TX
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APPROVED TO FORM AND LF,GALITY:
Melind .,
Jun 0. 2020
Assistant fty ttorney .__ ��- °' Date
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Jun 30, 2020
City Secretary ., �--' y M1 bate i
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OFFICIAL RECORD i
CITY SECRETARY E l
FT. UVC9RTH, T
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CDNSENTAGftEEMENTfarTemparenuse pu i
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STATE OF TEXAS
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COUNTY OF TARRANT
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BEFORE1VE,the undersigned authority,a iYotary Public in and
Tthe State of Teens,on this day personally appeared
SA✓! HAV A bift ,known to ine to be the person whose
name is subscribed to the forvgoir;g instrmnent,and acknowledged to me
that he/she executed the sunrefor the purposes rind consideration therein
expressed,as the act and deed of
anti in the capacity therein stated. s
ITlF.IY UNDER Af V MAND ND SEAL OF Or,DICE this 2 clay
Of
�RJon �r��son `
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Notary Pu tic in anti or
��4. Tammy l Chapman y .f (
oyCizo aeien E*ros The State of Texas '
�K ID No.129357550 i
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OFFICIAL REC04D
CITY SECRETAO
FT WORTH,TX
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STATE OF TEXAS
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COUNTY OF TA.RRANT
BEFORE ME,the undersigned authority,a Notary Public in and
For the State of Texas, on this(lay personally appeared Allison Gray
Building Official ,known to the to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the sane for the purposes and consideration therein
expressed, its the act rind deed of City of Fort Worth
and in the capacity therein stated, ;
GIVF,NUNDER MYFIANDAND SEAL OF OFFICE tltis 30th day
of June 20 20 , l
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Allison Gray
Affiattt Building Official j
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LAU RI E Digitally signed by LAURIE
PEQUENO LEWIS
PEQUENO LEWIS Date:2020.06.30 09:49:54-05'00'
W N o Notary Public in and fior
o n X The State of Texas }
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LOFFICIAL RECOR®
9 SECRETARY
WORTH,T'X
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Contractors Name:
Paint of Contact:
Phone Number: [
Building Permit Numb er:
Purpose for Closure:
Begin Data: _ End Date:
Type of Taper according to posted.speed limit:
Tapers @ 30WHAO-ft Offset,i50`minimum
Tapers @ 35 RiP1110ft Offset,acVminimm
qcake., Tapers @ 40 WH,10ft Offset,965'mitdmum
,evvo n-,-,r�,/
6727klk—
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The City of Fork Worth
I RTWORTHI& 200Texas Sk Services
- 200 Texas Street
Fort Worth,TX 76102 PAYMENT RECEIPT: 1288646
(817) 392-2222 Fax(817)392-8116 CASHIER: THOMPSLAR
http://fortworthtexas.gov DATE: 06/01/2020
DevCustomerService@FortWorthTexas.gov
Record Information
Record Number Record Name Site Address APN
PC20-00017 SAATTERFIELD&PONTIKES 2400 E SEMINARY DR 202838
Fee Information
Item# Description Account Code Invoice# Amount
Temporary Encroachment 10100-0062000-4220002 1273842 $11,252.70
006030001
Total Fee Amount: $11,252.70
Payment Information
Method Comment/Reference No. Transaction Amount
Revenue Office 341085 $11,252.70
Total Amount: $11,252.70
o f F=of--t W or-t I-i
FORT WORTH
200 TEXAS STREET
G.OWER LEVEL
FORT WORTH, TX 76102
Date: 6/1/2020
Office: REVENUE Cashier: BARTELK
Batch: 5927 Tran 4: 8
006030000 - TEMP ENCROACH PERMITS
Receipt tt: 00170g51
Account S: PC,2000017
AMOUNT: $11,252.70
-------Transaction Total : $11,252.70
CHECK Tendered : $11,252.70
Thank you for your payment,
Have a nice day!
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//edci %7eii
Name of Employee/Signature
Customer Service Manager
Title
® This form is N/A as No City Funds are associated with this Contract
Roc heII Thompson//6d�%�LdYl2�Ad9rL
Printed Name Signature
d��FICIA RREC®R®
CITY SECRETARY
FTe ®RTH,T%