HomeMy WebLinkAboutContract 53936 CITE''SECRETARY
CONTRACT NO.
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RECEIVED
MAY 19 2020
CITY OF FORT WORTH
CITY SECRETARY }
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CONSENT AGREEWL NT
FOR
TEIvlPORARY USE OF PUBLIC PROPERTY
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STATE OF TEXAS
COUNTY OF TARRANT
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THIS AGREEMENT is made and entered into by and between the City of Fort North, a
naunioipal corporation of Tarraut County,Texas, acting herein by and through its duly authorized
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Building Official,hereinafter referred to as the"City"and P/k ft,'r Au 611 inA,►,L
Acting by and through its duty authorized agent, A.l 6, 1,tJG3 5
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
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permission to temporarily encroach upon, uses and occupy portion of the space under,on and/or €
above die streets,allays,sidewalks/or other public,rr7iigbts-of-way as follows: l 4�
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The location and deserlption of said encroachment is snore particularly described in Exhibit"B"
attached hereto,incorporated herein,and made a part hereof for all purposes. f t
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All use and occupancy of public street, alleys, sidowalks 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
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and Public Works of City,
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t CONSENTAC,REEPACWTorTemporaryusaofpublopiopmrty:doe����
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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 Exhibit"B". Said fee is
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 r
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installation of any existing or future traffic control devises or other improvements affected by 1
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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. [n the event that any uistallatioa,
reinstallation, relocation or repair of any existing or future traffic control device or improvement 1
owned or constructed by or on behalf of the public or at public expense is made more costly by
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virtue of the existence of such encroachment and use, Grantee shall pay to City and additional
amount equal to such additional cost as determined by City.
5.
The term of this agreement shall be for _days,fror �l
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 j
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 i
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2 CONSENTAGREEWNTtor Temporary use of public pmpertyi.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 purpose of making inspections to determine
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compliance with the terms, covenants and conditions herein. In the event that any inspection E
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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
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Building Official for the protection of public health or safety, City may terminate and cancel this
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agreement.
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Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at r
no expense to City, restore the public rights-of-way and adjaceatt supporting structures to a
conditioti 7ccepmble to the Director of Transportation and Public Works or his duly authorized l
representative and in accordance with then existing City specifications,and Grantee shall remove
all barricades, equipment, supplies, materials or other property from said location. Granteo
furtlier covenants and agrees that for a period of one(1)year after the termination of this Consent n
Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other t
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riglits-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or g
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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
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 laws, 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 shalt 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
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the City are necessary to bring the public rights-of-way to the condition prescribed herein, and 1
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Clty shall not be responsible for trespass or airy other damage or liability In connection with such
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removal or restoration. Grantae shall reimburse City for the cost an([ expense of such removal 2
and/or repairs immediately following billing for same by City,
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CONSF!NTAGREEiAEtUfor T®mgorffy�lsa orptVkvropedyf.duo
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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 Worth and the laws of the State of Texas for Grantee's continued
encroaelunent upon the publio rights-of-way Following termination of this Consent Agreement, F
It is further understood and agreed between the parties hereto that City holds the oity streets,
alleys, sidewalks and other public rights-of-way, Including tile pau-tions of such streets used and z
encroached upon as described herein, as trustea 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 E
Legislature; and the City cannot contract away its duty and its legislative power to control the t
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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 Council, shall. at any time during the term hereof determine in its sole t
discretion to use or cause or permit to be used for any public purpose the said encroached portion
of the streets,then this agreement.sluall be automatically 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 const•uotiou, operation and maintenance
of said encroachments and-uses,
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Grantee agrees to pay promptly when due all fees, taxeq or rentals provided For by this
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agreement or by any federal,state or local statue,law or regulation. r;
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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
operations and activities on said described public property and all persons perforuuing same,and
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shall be solely responsible for the acts and omissions of its officers,agents, servants, employees, l
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contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall a
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 i
between City and Grantee,
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CONS6NTAG REEMMT(or Tompaiea/use of puWa propatf/i.doa
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GRANTEE COVENANTS AND AGREES TO I DEMVLW, AND DOES HEREBY
INDEWRi Y, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
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SIER.VANTS AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR i
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SUITS FOR PROPERTY DAM.WE OR LOSS AND/Olt VXRSONAL INJURY,
CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF 'WHATSOEVER la" OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN i
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CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE, l
OCCUPANCY, USE,EXISTENCE OR LOCATSON OF SAID ENCROACHMENT AND q
USES GRANTED ERREUNDER,WHETHER OR NOT CAUSE,IN"WITOLE OR.PART,
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BY ALLEGED NEGLIGENCE, OF OFFICERS, AGENTS, SERVANTS, E"LOVEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND
GRANTEE HERE,BY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, 4
ITS OFFIC.EXS; AGE,NTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND k
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It,PONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY, ARISING OUT Or OR IN CONNECTION WITH
ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENNEES,
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INVITEES OR TRESPASSERS.
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15.
Grantee agrees to furnish City with a Certificate of lnsurattce, naming City as certificate
holder, as proof that it has seoared and paid for it policy of public liability insurance covering all
public risks related to the proposed use and occupancy of public property as located and t
described in Exhibit"B". The amounts of such insurance shall be not less that the following:
Property damage,per occurrence $100,000.00
Bodily injury,per person $250,000,00
Bodily injury or death, per occurrence S500,000,00
With the understanding of and agreeiuerit by Grantee that such insurance amounts shall be revised
upward at City's option and that Grantee shall so revise such amount immediately following
notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be i.
canceled or amended without at least thirty(30)days' prior written notice to the Building Official
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CONSEWAGR5040 ffer7anVo /use ofp hrw gopBrtyt dno M
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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 anmially 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
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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 tho city streets, All insurance i
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coverage required herein shall include coverage of fill Grantee's contractors. F'
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Grantee covenants and agrees that it will not assign all or my of its rights, privileges or duties l
under this contract without prior written approval of City, and any attempted assignment without `
such prior written approval shall be void,
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 t
conditions of this agreement or out of the use and occupancy of City propet•ty as permitted
hereunder,venue for said action shall be in Tarrant Coauty,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 L�{ day of Q „La.55
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GRANTOR; G EE: b
4,CITY OF FORT WORTH ¢. a-
fjl�,ucy MZ(?u Et��N g
Building Official
AAAI)A 6k-4
Title
®FFICOP.
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CONSENT AGAEEMENTfar Tempcfery use ul public pmpkM.6cG
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A P #a»TO FO �NDURGAUT
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GONerAGREEMEHT*I__Usti O(m&_firtYl_
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STATE OF TEXAS
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COUNTY OF TARI?ANT
BEFORE ME, the undersigned anihor-ity,it Xotm y Public in and
.FoP the State of Texas, on this day personally appeared
,known to me to be the person whose
natne is subscriber)to the foregoing instrument, rind acknowledged to file I
that he/she executed the saute for the proposes and consideration therein
expressed, as the act and deed oj' ,
and in the capacity ikerein stated.
G.IVEN'U,rVDERTvTY}7A7VDAND VEAL OFOFF.tCEtltis day
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Afft atrt
'� BERYL gT. CLAIR
��r oP' e��;�Notary Public,State of Texas
T it1P. ,q Comm.Expires 01-30-2023
Notary ID 131873679
Notaty Public in a rul for
The State of Texas
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STATE OF TEXAS I
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COUNTY OF TARRANT 1
BEFORE ME,the undersigned authority, a Notary Public in and
For the State of Texas, on this day personally appeared I
,known to me to be the person whose
name is subscribed to the,foregoing instrument, and acknowledged to me
that he/she executed the same far the purposes and consideration therein
expressed, as the act and deed of
and in the capacity therein stated.
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U I)E III'HAND SEAL ®F OFFICE this day
Of 20-
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Title .11 914 1 /0'/; SA-C-4.,
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JVAtr Public i andAr
The State of Texas f j
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��,Y A DIM LOPEZ ?
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?z°°, Lc,=Notary Public,State of Texas
+Tc Comm. Expires 11-14-2021
Notary ID 131351026 �
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OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX !
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Contractors Name;
Paint of Contact_ (( ,u
Phone Number:
Building Permit Numbery{ )t -WR"12
Purpose for Closure.(r�,e,�r-/1�c E�-f
Begin.Date �2 �2 �D ]3ud Date- .- 4 b
Type of Taper according to posted speed limit;
Tapers®30 WH,10ft Offset,f5p'minim=
A � Tapers Q 35 WA 10ft Offset,gWminimum
Tapers Q 40 WH,10ft Offset,P-65' fxnu
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FORTWORTHO
Temporary Street Encroachments
Permit: PC20-00007 Application Date: 03/09/2020
Status: Issued Expiration Date: 03/03/2020
Permit Technician: Joseph Sigmon Date Issued: 03/09/2020
Address:
Legal Description:
Mapsco: undefined Insp District: undefined Zoning: undefined
Description of Work: STREET AND SIDEWALK FOR CONSTRUCTION OF ROSEDALE MULTIFAMILY
Proj/Business Name: RAMPART MULIFAMILY
Applicant:CRAIG CUMMINGS, RAMPART MULTIFAMILY,
Property Owner: ,
Contractor: ,
Occ Class Const Type Square Feet Occ Load Use Description
Temporary Encroachment 1325 $1,324.50
Total Fee $1,324.50
Balance $0.00
1 hereby affirm that the information contained herein is true and correct to the best of my knowledge, and agree to
conform to all regulations of the City of Fort Worth as described in the Fort Worth Municipal Code. I understand that
failure to comply with these provisions may result in the revocation of this permit.
In accordance with the State of Texas Underground Facility Damage Prevention and Safety Act(Utilities Code
Chapter 251), 1 hereby affirm that before performing any excavation 16"or deeper using mechanical equipment, I
have or will have contacted 1-800-545-6005 for proper Identification and location of underground utilities in the area.
Signed: Date:
Sexually Oriented Business(initials) Yes No
Under the Penalty of Law and Pursuant to Senate Bill 509 of the 77th Legislature of the State of Texas, I hereby
certify that an asbestos survey has,when applicable, been done in accordance with the Texas Asbestos Health
Protection Act(see Texas Occupations Code Section 1954.259)and the National Emission Standards for Hazardous
Air Pollutants for the area(s)being renovated and/or demolished. I understand that substantial penalties may result
from failure to conduct a proper asbestos survey.
All driveway access or street cuts require a separate permit and inspection from the Transportation and Public Works
Department(817-392-6526).
Signed: Date:
TO SCHEDULE INSPECTIONS CALL(817)392-6370
(If Permit is 3rd Party Inspections, contact your designated 3rd Party company to schedule inspection)
The City of Fort Worth
FORT WORTH Development Services
200 Texas Street
Fort Worth,TX 76102 PAYMENT RECEIPT: 1270019
(817)392-2222 Fax(817)392-8116 CASHIER: SIGMONJ
http://fortworthtexas.gov
DevCustomerService@FortWorthTexas.gov DATE: 03/09/2020
Receipt
Record Information
Record Number Record Name Site Address APN
PC20-00007 RAMPART MULIFAMILY
Fee Information
Item# Description Account Code Invoice# Amount
Temporary Encroachment 10100-0062000-4220002 1239020 $1,324.50
006030001
Total Fee Amount: $1,324.50
Pa-ment information
Method Comment/Reference No. Transaction Amount i
Credit Card- $1,324.50
VISA/MC/Discover !
Total Amount: $1,324.50
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