HomeMy WebLinkAboutContract 54084 Jun 30 2020 E
Date Received: City Secretary i
12:41 PM 54084
Time Received: Number: i
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CONSENT AGREEMMWT
FOR '
TEMPORARY USE OF PUBLIC PROPERTY
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STATE OF TEXAS
COUNTY OF TARRANI'
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THIS AGREEMENT is made and entered into by and behveen 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 'kR&E1Z T PW5 FFk
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Acting by and through its duly authorized agent, Upvb VF Q V t ) i
Hereinafter referred to as"Grantee".
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WITNESSETH: i
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 under,on and/or
above the streets,alleys,sidewalks or other public rights-of-way as.follows: �
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WEST 5 S rF t n-r �. 71f
MF•TfA Rr.N L cuyt..C,+O NO"fL 1t� /n-,Zd
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The location and description of said encroachment is more particularly described in Exhibit"B" 4
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attached hereto,incorporated herein and made a part hereof for all purposes. i
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All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under ?
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this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City
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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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OFFICIAL RECORD
CITY SECRETARY !
CONSENT AGREEfAENTku 7empomry use of pu68e
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Upon expiration of this agreement and the privileges granted hereunder, there shall be no
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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 encroachment fee for the temporary privilege of
encroaching upon a portion of the public rights-of-way as described in Fxhibit"l3". Said fee is '
calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth
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forP mporary use or ccupancy of public property, The estimated total amount of said fee is: i l
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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
such encroachment, rise and occupancy, including the securing of approval and consent from the I s
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appropriate agencies of the State and its political subdivisious. In the event that any installation,
reinstallation, relocation or repair of any existing or future traffic control device or improvement
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owned or constructed by or on behalf of the public or at public expense is made more costly by j s
virtue of the existence of such encroachment and rrsa, Grantee shall pay to City and additional 1,
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amount equal to such additional cost as determined by City, i
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The term of this agreement shall be for days,from ,� L _to � ,
Provided, however, should the need for the encroachments granted hereunder at any time cease,
Grantee agrees to invmdiately notify City of such condition; and, upon receipt of such notice by
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the Building Official of the City of Fort Worth,this agreement shall terminate.
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 AGREEMENTrnr Temporary usanf puhllc prdpertyi.doa
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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 frill and unrestricted right to
enter upon all public sights-of-way for the purpose. of nnaking inspections to determine
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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 tinge as deened necessary by the
Building Official for the protection of public health or safety, City may terminate and cancel this i
agreement.
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Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at j
no expense to City, restore tine public rights-of-way and adjacent supporting structures to a
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contrition acceptablo 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 1
all barricades, cgtuprrterIt, supplies, maierials or other- property front 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 1
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 ilie Director of Transportation and Public Works or his
designee. Grantee agrees to begirt such repairs within thirty(30) days of receipt of notice front
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 la.ws, codes, �
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ordinances and City specifications, 4
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 rernove 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
rentoval or restoration. Grantee shall reitribur-se City for the cost and expense of such removal
and/or repairs immediately following billing for same by City, j
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CONSENT AGREOAEN-rfar 7empowy use of pkiblic props ty9.doc fI
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Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed
by the Cade 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,
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It is further understood and agreed between the parties hereto that City bolds file 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 dirty and its legislative power to control the 3
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 terininated,
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Grantee agrees to comply [Lilly with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction, operation and maintenance
of said cacroachnterits and uses,
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Grantee agrees to pay promptly when due all Fees, taxes or rentals provided for by this
agreement or by any'F decal,state ov local statue, law os•regulation.
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Grantee covenants and agrees that it shall exercise all rights a.nd privileges granted hereunder
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as an independent contractor-, and not as an officer, agent, servant or employee of City; that I
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, 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 respondeat superior shall I
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 f
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between City and Grantee.
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CONS ENT AG REENIENTfor Temporary usa of public propsrt'/l.doc i
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GRANTEE COVENANTS AND AGREES TO INDETNINIFY, AND DOES HEREBY
ESTDEI IFY, HOLD HA TVMESS Ai'4TD DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS A" EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR �
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,SUITS FOR PROPERTY DAMAGTC{'. OR LOSS AND/OR PERSONAL INJURY,
CNCLUDE� TG DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER YJND OR �
CHARACTER, WHET T11+R REAL OR ASSERTED, ARISING OUT OF OR IN
CON1,1ECTION I WITH, DIRECTLY OR IND CTLY, THE MAINTENANCE, j
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OCCUPANCY, USE, E STENCE OR LOCATION OF SAID EPICROACHMTNT AND �
USES GRANTED HE,RE,UNDER, WHE THE R OR NOT CAUSE, IN VVROLE OR PART,
'BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EI/iLPLOYEEiS,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; A-IND �
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITE.',
ITS On'FICERS, AGE,NTS, SERVAN IS AND EMPLOYEES, FOR SUCH CLAEAS OIL
SUITS.S. GRANTEE ,SHALL LIKEWISE ASSUME ALL LIABILITY AND �
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RESPONSIBILITY ADD SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR f
DAMAGE TO CITY PROPERTY, ARISING OUT OF OR AN CONNECTION WITH
ANY AND ALL ACTS OIL OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, �
SERVAINTS, 1EMP-100 Y rS, CO-ffIT ACTORS, SUBCONTRACTORS, LICES ES, }
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INVITE OR TRESPASSER& t
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Grw<<tee agrees to furnish City with a Certificate of h=su•ance, nan-ting City as certificate
holder, as proof that it has secured and paid for a policy Of public liability 61311rartcr; cOVUhIg all
public risks related to the proposed use and occupancy of public property as located and
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 j
Bodily injury, per person $250,000.00 !
Bodily injury or death, per occurrence S500,000.00 i
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With the understanding of end agreement by Grantee that such insurance amounts shall be revised
upward at City's option and that Grantee shall so revise such ariount immediately f'ollowiitg
notice to Grantee of such requirement. Such insurance policy shall provide that ]t cannot he
canceled or amended without at least thirty(30) days' prior written notice to the Building Official
CONSENT AGREEMU mnr Temporary rise nP prihlic propP.riyi d0r.
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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,
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Grantee, agrees,binds and obligates itself, 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
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 be void,
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This 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 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 ly day of ��N�� - ,W057 2O'L D
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GRANTOR: GRANTEE:
CITY OF FORT WORTH
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Allison Gray
Building Official
(C� fu�il D i i
Title
OFFICIAL RECORii
s SECRETARY
CONSENT AGREElAEFITfar Tamperary use of public pro i
FT. WORTH,TX
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APPROVED TO FORM AND LEGALITY:
.w'w R4m,7;f- Jun 30 2020
Me'
Assistant City Attorney Date
OR Jun 30,2020
City-Secretary Date
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CTY SECRETARY7 FT. WORTH,TX
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CONSENTPGREEMENTfor Temporary use of pu is txapertyi.cbc 'F
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STATE OF TEXAS
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COUNTY OF TAPMANT
BEFORE AM,the undersigned authority,a Notary Public in and
For th State of Texas,on this day personally appeared
G�%L(L ,known to me to be the person whose i
name is subscriber)to the foregoing instrument,and acknowledged to me 1
that he/she executed the same for the purposes and consideration therein
expresser), as the act and deed of � FR "l tttVS�
and in the capacity therein stated
GIVEN UNDER MY NAND AND SEAL OF OFFICE this D--day
of --,211--2z:)
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Affrant
Title
""+"' JACQUELINE L. PAYNE `qY P`e:
Notary Public,State of Texas a#`icry Pblic in and for �
:�•. ,�_ e State of Texas
Comm.Expires 10-19 2022 ;
Notary ID 7580343
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OFFICIAL RECORD
CITY SECRETARY t
FT. WORTH,TX '.
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STATE OF TEXAS i
COUNTY OF TARRANT
BEFOREME, the undersigned authority,a Notary Public In and
For the State of Texas, on this day personally appeared Allison Gray
Building Official ,known tome to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executers the same for the purposes and consideration therein
expressed,as the act and deers of city of Fort worth ,
and in the capacity therein stater.
GIVEN UNDER MYHAND AND SEAL OF OFFICE this 30th day
of June 2010
Allison Gray
Afftant
Building Official
Title
LAURIE Digitally signed byLAURIE
PEQUENO LEWIS
H PEQUENO LEWIS Date:2020.06.3009:45:22-05'00'
W N�o
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teaa 4 A Notary Public in and for
�M The State of Texas
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9 OMCOAL RECORD
CITY SECRETARY
FT® WORTH,TX
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Contractors Name:
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Point of Contact:
Phone Number: I
Building Permit Number:
Purpose foz Closure:
Begin Date: End Date:
Type of Taper according to posted speed limit:
Tapers @ 30 WHI1Oft Offset,15Q'minim m
Tapers @ 35 MPH,IOft Offset,a05'minimuru
Tapers @ 40 MPH,IOft Offset,a65'mi;»um
row
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The City of Fort Worth
Development Services
OKI WORTH., 200 Texas Street
Fort Worth,TX 76102
PAYMENT RECEIPT: 1292776
(817) 392-2222 Fax(817) 392-8116 CASHIER: ARFLLAV
http://fortworthtexas.gov
DevCustomerService@FortWorthTexas.gov GATE: 0 611 712 0 2 0
eceipt
Record Information
Record Number Record Name Site Address APN
PC20-00019 BERGER TRANSFER 111 E 5TH ST 395346
Fee Information
Item# description Account Code Invoice# Amount
Temporary Encroachment 10100-0062000-4220002 1280433 $1,399.68
006030001
Total Fee Amount: $1,399.68
Payment Information
Method Comment/Reference No. Transaction Amount
Revenue Office CHECK 720221 $1,399.68
Total Amount: $1,399.68
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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/�e� htnoadr�
Name of Employee/Signature !�
Customer Service Manager
Title
® This form is N/A as No City Funds are associated with this Contract
R o c h e I I Thompson//6aCAUG& tytooa��
Printed Name Signature
OFFMIAL RECORD
CIW SECRETARY
FT WORTH, TX