HomeMy WebLinkAboutContract 54175 zVZU
Date Received: LI I City Secretary { `s
Time Received: 3:27 PM 54175 Number: '
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CONSENT AGREFA'YMNT i
FOR
TEMPORARY USE OF PUBl IC PROPERTY
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STATE OF TEXAS
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COUNTY OF TARRANT
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THIS ACrRPFMP.NT 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 l_�'— IV 0r44-,. ZV�jt�5
Acting by and through its duly authoriz d agent, -4"L j G tzr-� _
Herelaafter referred to as"Grantee".
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For and inconsideration of the payment by Grantee of chargos sct out below and the true and
Faithfiii performance of the mutual covenantq hmin 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: II
-el-µ' L In E-� Alt
The location and description of said encroachment is more particularly described in Rxhibit"B"
attached hereto,incorporated herein and made a part hereof for all purposes.
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All use and occupancy of public street, alloys,sidowalks or other public rights-af--way under { !
this agreement shall he in strict compliance with the Charter, Ordinances and Codes of tine City
and in accordance with the directions of the Building Official and the Director of Transportation
and Public Works of City,
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CONSENT AMEEMENrbrTemparMuce61 pubic popwtyldoe 5 OFFIrrCAL 'd (bRQ
CITY FCC 7 II�Y
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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 encroachrncn.t foe for the temporary privilege of
encroaching upon a portion of the public rights-of-way as described in l ahibit"B". Said fee is
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calculated in the manner and amounts prescribed by the Building Code of the City of Foil Worth I`
fox rnporary use or occupancy of ublic proper . The estimated total amount of sal fee is: � [
-30-7t .-Z�
Grantee, at no expense to City, shall make proper provision for the relocation and/or
installatiou 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. In the event that any installation,
reinstallation, relocation or repair of any existing or future traffic control device or improvement
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ownecl or constructed by or on behalf of the public or at public expense is made -note costly by
virtue of the existence of such encroachment and use, Grantee shall pay to City and additional
a:r:o€€nt equal to such additional cost as determined by City.
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The term of this agreement shall be for fit days,froml to �
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Provided, however, should the need for the encroachments granted hereunder at any time cease,
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 agreerent shall terminate.
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Tt 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 AGREEMENTior Temporary use oipubto propartyl.doc r
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13 This agreement shall not be construed as the granting of a permanent easemont, Ii
encroachment or liconse upon City's public streets,alleys,sidewalks,or other rights-of-way. !
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City, through its dirty authorized representatives, shall have the fill! and unrestricted right to t t
enter Upon all
p public rights-of-way for the p uposa of trtaking inspections to determine
compliance wi$t the terms, covenants and conditions herein, In the event that any inspection
Should reveal a broach of any terms, covenants Dr conditions herein, City shall give Grantee
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notice of such breach. Should such breact, ,tot be corrected by Grantee within twenty-Four (2,l) l
116rir5 of receipt of the nodre, or within such shorter pet•iod of time as deemed necessary by the
Building Official for the protection of pnbiic health or'safety, City may terminate and cancel this i{
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agreement.
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Upon expiration or tt=inatiorx of this agreement for ally reason whatsoever,Grantee shall, at
no expense to City, restore the public tights-of-WRY and adjacent supporting structrtres to a `
condition acceptable to tile Director of lransportatlon.and Public Works at,his duly artthorize(I t
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representative and in accordance with then existing City specifications, and Grantee shall remove
all barricades, equipment, supplies, materials or other property f€o,n said locatio,:. Gt'ante0
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 darttnges to the streets and sidoNvalks or outer
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rights-Of way that have resulted front Grantee's use or occupancy of the streets and sidewalks or
other rights-of-way, as deterrtti,tcci by the Dit•eetor of Transpo€lation and P bHO Works or his k
designse. Grantee agrees to begin such repairs within thirty(30) days of receipt of notice fron, ! E
the Director oF'I'ransportttiort and Public Warps or his designee. All repairs shall be performed
itt an expeditious and workmanlike manner and shall con2ply with all applicable laws, codes,
ordina€tceS and City specification;,
fn the event that Gratitee fails to comply with the covenants liorein contained with respect to
such removal or mstor:atian,the City shall have the right to remove or dispose orally barricades, t
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equipment, supplies,materials or other property and t•cpair any conditions which in the opinion of 1
the City are necessary to bring the public rights-of-way to the condition prescribed herein, and i f
City shall not he responsible fax trespass or any other-damage or liability in connection with such
removal ar restoration. Grantee shall reuttburse City for the cost and expense of such removal I
and/or repair's immediately following billing for same by City,
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CONSENT ACRFP=rAEN rIQr Tomparory us4.f pii65r,properiyl.doc
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Nothing herein shall ba construed as a waiver by City to enfot•ca penal sanctions prescTibed l
by the Cocle of the City of Fort Woith and the laws of the State o4 T'exas for Grantee's continued t
encroachment upon the public rights-of,,vay following termination of this Consent Agreement.
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It is further toidcrstood and agreed between the parties licreto that City holds the city streets
alleys, sidewalks atld other public rights-Of-WRY, inehiding the portigns of such streets used and
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encroached upon as describedi herein, as trustee for the public; that City exet-aises such powers t {
over tile, stl,eets as have boon delegated to it by the Constitution of the Stan: of Texas or by the
Legislature., and the City cannot contract away its duty and Its legislative power to control the '
streets Per the use and benefit aftlle public. It is accordingly agreed that if the governing body of
city, to wit, its City Council, shall at aoy tinge during the term hereof determine in •its sole �[[
discretion to use or cause or permit to be used for any public purpose the said eneroaclied portion I
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Of the stmots,then this agreeinent shall bu automatically canceled and terminated.
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Grantee agrees to comply Fully with all applicable federal, state and local lativs, statutes,
ordItnnlces, Codes or regulations in oonnoction with the cofl5traotlon, operation and makitell"mce
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of said encroachtl.ents and uses. l
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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 rognlation
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Cy1tltae covenants and agrees that it shall cxereisc all rights and privileges granted hax'euncler
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as an utciepencient contractor, and not as an officer, agent, servant or etltployee of City; that { I
Grantee shall have exclusive control of and the exclusive right to control the details of its
operations and activities ail said described public property and all persons perforilLing saute, and f
small be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees and invitees, that the doctrine of respandeat superior shall
not apply as between City and Grantee, its officers, agents, servants, employees, contractors and 1
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subcontractors,and nothing herein shall be consti'ued as creating a paitnershits oi'joint utltoTrise
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between City atld Grantee. 3
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C0�ESENTAGR�EliENTfos Tempor2ry use of public praperlyl,doc ,
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GRANTEE j COVENANTS AND AGRIJES To Il°IIDEIVlNiIi'`IC, A1'I33 DOES HEREBY �
IN DIEIMFY, BOLD HARMLESS AND DEFEND CITY, ITS OFrgC3!,RS, AGENTS, � f
SERVANTS AND I NtPLO'YEES, FROM AND AGAINST M11Y AND ALL CLAPiWS OR I
SUITS FOR PROPERTY DAMAGES+, OR LOSS AND/0.11 PERSONAL INKTRV,
CINCLUDING DEATH, To ANY AND ALL PERSONS, OF � IATSOEVER Ian OR
CR'APACTER, WHEIT14ER REAL OR WERTED, AMSING OUT OF OR 1N 1
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THI IiAINTEINANCI,
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OCCUPANCY, USE, EXISTENCE OR LOCATION CIE SAID ENCROACHMENT AND
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USES GRANTER HFRETJNIDER, WHET HE OR NOT CAUSE,IN VVI-IO>LE OR PART,
BY ALLEGED NEGLIGENCE, OF OFFICERS, AGENTS, SERVANTS, EMPLOyrM,S, 1
CONTRACTORS, SIJI3C®I'+rTRAC'1'OltS LICENSEES{,NSEES' � s
OIL INVITEES OF CITE; AND
GRANTEE iGRI I3Y AuoSII 1 5 ALL LIABTL1!'Y AND R.ESPONSII3 I IT•Y OF CITY, �
ITS OFF ICE,RS AGENTS ,SERVANTS AND It MPL O YEI S, FOR SvCIT CI,ArMS OR
SUITS, GRANTEE SHALL LIKE
WISE ASSvNY, Aa.a.. LIABILITY AND RESPONSIBILI"fY AND SMALL INDEMNIFY CITY FOR ANY ANl)ALL INJURY OR � a
DAMAGE TO "TY PROPERTY, AI3.I,STNG OUT OF OR IN CONNECTION WITH I
ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, fB' OFFYCERS, AGENTS, �
SERVANTS, I;1l:E'LOYEES, CONTRACTORS, SJBCONTRACTOLtS, L-1 ESNEES,
CN'VITE1±;,5 oRTR��PASS>r RS.
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Grantoo agree.- to f l-AiSh, City with a Certificate of Ins,€rt€nce, Ilalt7in9 City as certificate
holder, as proof that it has scoured and paid .for a policy of public liability ins mince caveriug all
public risks related to the prOPO sed use and occupancy 0P
p Ublic
property as loci€feel and
described In l xhibit"B", Tile amounts of sG€clt insurance sl€al[ be not less that the following;
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Property tlalnage,per occurrence $100,000.00
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Bodily hijury, per person $250,000.00
BaclilD�injul•y or death,per occurrence 5500,000.00
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With flhc understanding of mid agreement by Gra€€tce that such insurance a1no unt5 shall be revised
upward at City's option and that Grantee shall so revise sl,lnla alnoialt inan>ediately foilowhig
Notice to Grantee of such require€neat. S€€ch i1€811ra€tce policy shall provide that it caunoC be
canceled or amended with(wt at least thirty(30) days' prior writton notice to the Ruilding Official
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CONSENT AGREFMrNT7or TamAnrarl,iaa of p+Nin propet3yt rinr.
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of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit"f1",
Grantee agrees to submit a similar Certificate of Insttrattco annually to City on the anniversary
date of the execution of this agreement, j
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Grantee,agrees, binds and obligates itself', it successors and assigns, to maintain and keep in 1
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force such public liability insurance at all times during the term of this agreement and until the ,
removal of all eneroaclimenits and the cleaning and restoration of the city streets, All insurance
coverage required herein shall inchide coverage of all Grantee's contractors.
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Grantee covenants and agues 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, I
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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 tcru7s and I
conditions of this agreement or out of the use and occupancy of City property as permitted ` I
hereunder,venue for said action shall be in Tarrant County,Texas. i
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In airy action brought by City for the enforcement of the obligations of Grantee,City shall be j
entitled to recover interest and reasonable attorneys' fees. 1 1
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EYECUTED this Npday of
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GRANTOR: GRANTEE. {
CITY OF FORT WORTH
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allison gray ul21.2020o&:gCUT1 ,••_,,,,�_,__„^-„�• I
Building Official 1
Title
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s OFFICIAL RECORD
CONSF,NT AGREUABNTfCr Temperan/use of Fu c orarwiYt.dw
CITY SECRETARY
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FT. WORTH,TX
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T'lt k/ .'D TO FORM AND LRCrA1.TY;
ZZw?1,, a� Jul 21, 2020
Melin(} aM2�UUt 21202010144 COT)
Assistant City Attorney �r : Date t
Jul 21, 2020
City Secretary Date
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®FFlClA REC®R
CITY SECRETARY
7 FT. WORTH,TX �
CONSEf2T AGRFE MENT(al t'Meran/use of o0(WSAYi.Coc
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STATE OF TEX4S
"CO UNTY OF Tf1RRANT
BEFORE ME, the underwilgnall r11111101•ily,a Tlotal P(lI lie ill !id
For the Slrtt nf Te. rs, noilPhis day personally appeared-L '`u�" v�
. .� � P,(;.� ,Irno�i,lr tv rree to be the persal� ia,/lose
namic is.subscribed t0 tIJEf01'E80i)1.g iJ1St1'Jln9eJ2t, and RCitNnsvlcdged to ttte
that hefshe executer(the same fur 111pses rind consideration therein
expressed, as the act and deed of
and in the capacity therein.stated.
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C' Mt1tVDFR rYlY l'dAIYj,D s1�1Vb,S'Efl L l)F oFli'IcF,ihic clay
uJ' WvL4p,2
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ftaiIOLO
Title
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Many Public in anrdfor 1
The,State of'Texas
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OFFICIAL RECUR&
CITY SECRETARY,
FT WORTH,TX
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORF,ME,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, arul acknowledged to me
that helshe executed the same foie the purposes and consideration therein !
expressed,as the act and deed of City of Fort Worth f
and in the capacity therein stated,
GXVEN UNDER MYHAND AND SEAL OF OFFICE this 21st d,
Of July , 2020
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Allison Gray
Affiant
Building Official
To-le
LAURIE Digitally signed by LAURIE
4�YP(� LAURIE PEQUENO LEWIS PEQUENO LEWIS
�P a PEQUENO LEWIS Date:2020.07.21 09:18:17-05'00'
Notary Public
* * STATE OF TEXAS Notary Public in andfor !I
Notary I.D. 132278952 The State of Texas
9T�OF My Comm. Exp, Dec. 10, 2023 !;
dl(g-a-aparAy
allison gray(Sul 21,2020 0059 CDTJ
Allison Gray,Building Official
Development Services Department j
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Date: Jul 21,2020
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FJTO�FFICi:,- RECORD
SECRETARY
FT. WOR"r . TX
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
Name of Employee/Signature
Customer Service Manager
Title
® This form is N/A as No City Funds are associated with this Contract
Rochell Thompson/1(?eC1U &z2LMAaerL
Printed Name Signature
LOFFOAL CORD
TARYS,TX
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'� ` C;o�ltractar•S�larlxe, .� , t1:.�-�y�11: �-.�•�_�
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pjjrpose fox Closure;_ n c . uY` --
I3eaiil Daia:�•�... ��: Fncl date;
Type ofTaper accordialu to post:,d speed limit:
Tapers @ 30 INUI ,I Oft 0£[seY,l3(1'nlizyiul yili
Tapers 0 3 5 NOE,10it Cffsec,�;1-,`mininaryxrx
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T'a ers @�Q iv11'H,1(lti:C)ffset"'� 'ulic"xLim
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Contractoxs Name:
Point ot Uontact:
Phone Number:
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Building P ermit Numb ex:
purpose for Closure: i
��— Begin Date: End Date: �
Type of Taper accordiiig to posted speed limit:
Tapers @ 30 MPH,IOft Offset,150'mininiurn
Tapers @ 35 MP11,10ft Offset,0W5'minjMu
Cole, Tapers @ 40 M2H,10ft Offset, 65'minim=
oc -1irrow
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