HomeMy WebLinkAboutContract 54017 CSC No. 54017
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Weatherford St Sidewalk/Meters/ CONSENT AGREEty NT
Street Lane FOR '
TEMPORARY USE OF PUBLIC PROPERTY
3/14/2020 through 05/31/2020 I
STATE OF TEXAS `
COUNTY OF TARRANT j
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THIS AGREF,MENT is made and entered into by and between the City of Fort Worth, a i
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municipal corporation of Tan-ant County,Texas,acting herein by and through its duly authorized }}_
Building Official,hereinafter referred to as the"City"and t
Frontier Waterproofing
Acting by and through its duly authorized agent, Terry Crider
Hereinafter referred to as"Grantee".
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NVITNESSETH: r
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For and in consideration of the payment by Grantee of charges set out below and the true and t
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:
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401 W. Belknap St. Ft Worth TX: Weatherford $tteet: Meters. 1 Street Lane, and i
Sidewalk
The location and description of said encroachment is more particularly described in Exhibit"B" 1
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-of-way under t+
this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City 4 '
and in accordance with the directions of the Building Officia[and the Director of Transportation
and Public Works of City.
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' CONSENT AGREEPAE@frfor Temporary use of pubic ptpees%4w"-
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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. l
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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 hi Exhibit"B". Said fee is `
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calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth
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for temporary use or occupancy of public property. The estimated total amount of said fee is:
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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 {
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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,
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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 t
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virtue of the existence of such encroachment and use, Grantee shall pay to City and additional !
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amount eaaal to such additional cost as determined by City. f I
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The term of this agreement shall be for° s ' days,from 3i 1 -43 to
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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
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 f t
2 CONSENT AGREEMENTror Temporary use of public propertyt.doc I
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"B". This agreement shall not be construed as the granting of a permanent easement,
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encroachment or license upon City's public streets,alleys,sidewalks,or other rights-of-way.
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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 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 ' i
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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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 I
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 III {
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 {
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 f
the Director of"Transportation and Public Works or his designee. All repairs shall be performed
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in an expeditious and workmanlike manner and shall comply with all applicable laws, codes, j }
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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,
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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
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and/or repairs immediately following billing for same by City.
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3 CONSENT AGREEMENTfor Tempomy�ise of publiepropertyi.doe
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Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed t
by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued i
encroachment upon the public rights-of-way following termination of this Consent Agreement. s
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It is further understood and agreed between the parties hereto that City holds the city streets,
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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 1`
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 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 i
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,
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ordinances, codes or regulations in connection with the construction,operation and maintenance _
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of said encroachments and uses.
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12.
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Grantee agrees to pay promptly when due all fees, taxes 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
shall be solely responsible for the acts and omissions of its officers, agents, servants,employees, I
contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall 1
not apply as between City and Grantee, its officers, agents,servants, employees, contractors and j 1
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subcontractors,and nothing herein shall be construed as creating a partnership or joint enterprise
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between City and Grantee.
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CONSENT AGREEMENTfcf Temporary use of public propsrb l Acc j
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GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMII+Y, 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, j
CNCLUDI NG DEATH TO ANY AND ALL PERSONS, OF 'VYHATSOEVER KIND OR
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CHARACTER, WITETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAl tNTENI ANCE, E
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, l '
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CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND j
GRANTEE HE4REBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
SUITS. GRANTEE SHALT. LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY, ARISING OUT OF OR YN CONNECTION WITH
ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, ENTLOYEES, COINTRACTORS, SUBCONTRACTORS, LICI?S?TEES,
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INVITEES OR TRESPASSERS. 1
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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 !
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public risks related to the proposed use and occupancy of public property as located and j
described in Exhibit"B". The amounts of such insurance shall be not less that the following;
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Property damage,per occurrence $100,000.00 l
Bodily injury,per person $250,000.00
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Bodily injury or death, per occurrence $500,000.00
With the 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
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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
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CONSENT AGR EEMENTfor Temporary use of public properb/1 Ana i
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of the City of Fort Worth. 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
Grantee,agrees,binds and obligates itself, it successors and assigns, to maintain and keep in
force such public liability insurance at all times daring the term of this agreement and until the
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
such prior written approval shall he void. ! ;
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tThis agreement shall be binding upon the parties hereto,their successors and assigns.
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Should any action, whether real 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 actiou brought by City for the enforcement of the obligations of Grantee,City shall be
entitled to recover interest and reasonable attorneys' fees,
2020
EXECUTED this 21 day of March
GRANTOR: GRANTEE:
CITY OF FORT WORTH Frontier Waterproofing, Inc. `
Allison Gray
Building Official
Terry Crider, VP }
Title
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s FFT. WORTH,
ECORD
CONSENT AGREEMENTfor Tamoerary use W pu
ETARY j
TX
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APPROVED TO FORM AND LEGALITY: j
M&-zda' 6/l/2020 i
Assistant City Attomey Date
FOR;'' �. 06/16/2020
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City Secretary Date
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CONSENT AGREEPAENTkr Teawery weelcuhlic OroGUFF ICIAL EC®
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CITY SECRETARJ
5FT. WORTH,TX
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STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE AM,the undersigned authority,a Notary public in and
For the State of Texas,ore this day personally appeared Terry Crider
,known tome to be the person whose
name is subscribed to the foregoing,instrument,and acknowledged to me r,
that he/she executed the same for the purposes and consideration therein E.
expressed, as the act and deed of Frontier Waterproofing � I
and in the capacity therein stated ! '
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GIYEN I r1VDER MY FIAND AND SEA L OF OFFICE tleic 21 day
Of March ,2=—. 1 1
VP
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Title ;
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Notary Public in and for
The State of Texas
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TERRA HALEIGH HARRISON
Notary Public.State of Texas
3 ? ; .-,v Comm.Expires 05.19.2022
%; o t� Notary ID 128274865 e
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OFFICIAL RECORD
CITY SECRETARY
FL WORTH,TX'
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STATE OF TEXAS i
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COEWTY OF TARRANT
BEFORE ME, the undersigned authority,a Notary Public in and ? i
For the State of Texas,on this day personally appeared Allison Gray
,known to fne 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,as the act and deed of City of Fort Worth
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and in the capacity therein stater!. }
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GIVFN UNDER jYIY HAND AND SEAL OF OFFICE Ilia 1st day
of coos 2020 ,
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Allison Gray
Afftant
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Building Official
Title
LAURIE Digitany signed by LAURIE +
PEQUENO LEVVIS
PEQUENO LEWIS Dale:2020.06.0112:56:17-05'0a i
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tVotary Public in and for l
o�pRyp(iB' LAURIE PEQUENO LEWIS The State of Texas j
a Notary Public z
* * STATE OF TEXAS
P Notary I.D. 132278952
9�0P1 My Comm.Exp. Dec. 10,2023
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OFFICIAL 114CORD I j
CITY SECRETARY +
F'!r WORTH,TX ,
Contract Compliance Manager:
By signing I acknowledge that 1 am the person responsible
for the monitoring and administration of this contract,including
ensuring all performance and reporting requirements.
Rochell Thompson/�c/ dht�aeiz
Name of Employee/Signature !�
Customer Service Manager
Title
1X This form is N/A as No City Funds are associated with this Contract
Rochell Thompson!�Idpc" ,a¢erL
Printed Name Signature
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"C®R[e
SECRETARY WORTH,TX
contractors Name: Frontier Waterproofing Inc.
Point of contact: Jordan Crider
- Phone Number:�940-.566-4856
I Building Permit Number:
Purpose for Closure:
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Begin Date: 3114/ 0 _ End Date.5/�1/ Q
Type of Taper according to posted speed limit:
Tapers @ 30 MPH,IOft Offset,150'minimum
Tapers @ 35 MPH,1 Oft Offset,a05'minimum
Tapers @ 40 NTH,1Oft Offset,a65' um 3
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Lamar
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STREET
215'x 12' = 2580 SF
Side Walk �' < TCCJC
215'x 9' = 1935 SF
Weatl�erf r 1
78 days 215'
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3/14/20 -5/31120 r
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Taylor
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