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HomeMy WebLinkAboutContract 31789 CITY SECRETAWR CONTRACT NO. / CONSENT A(iRF.E,',fENT FOR TEMPORARY USE, OF PUBLIC NMPERTY COUNTY OF TAIGRAN 1 THIS AGREEMENT is made and entered into by and between 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 1 fnine-TT aft Trttenm Acting by and through its duly authorized agent, Hereinafter referred to as "Grantee". W1TNESSETH: For and in consideration of the payment by Grantee of charges set out below and the true and faithful perfonnance of the mutual covenants herein contained, City hereby vrants 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-waV as follows: q�r Pamrr -0- K05- O o-� 713 fef} h�Bj trtasr GA on )of S ri e U y71? d 7 The location and description of said encroachment is more particularly described in Exhibit "B" attached hereto. incorporated herein and made a part hereof for all purposes. 2. Ah use and occupanC. of public street, alleys, sidewalks �)r other public rights-of-way undci this aurccment shall be in <uict compliance with the Charter. Ordinances and Codes of the Cit% and in accordance v,ith the directions of the I3uildin, Official and the Director of"hransportatlon and Public Works of City. � e CONSENT AGREDMENP,, Tempora� M 3. 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-ol-way involved. 4. 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 for temporary use or occupancy of public property. The estimated total amou t of said fee is: (ZB�v 5. 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 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 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 amount equal to such additional cost as determined by City. 6. The term of this agreement shall be for _LS _days, from 0 #Rol— toO l l Provided, however, should the reed for the encroachments granted hereunder at anv 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 agreement shall terminate. 7. 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 CRY 6MICIRAI$Iff 2 QQee ' 's^G�pu7'f�I CONSENT AGREEMENTfor Tempora useH0utlli'E'r=er[y ��G "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. 8. Citv, 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 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. 9. Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the public rights-of-way and adjacent supporting structures to a 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 (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 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 shall 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 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. 3 CONSENT AGREEN1EN rtor Temporary use :f pubiic property 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 encroachment upon the public rights-of-way following termination of this Consent Agreemcnt. 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, 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 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 of the streets, then this agreement shall be automatically canceled and terminated. 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. 12. 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. 13. 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 Citv; 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 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 respondent superior shall not apply as bet,,veen 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 Grantee. -, J �g --P)U, ~ CONSENT AGREEMENT(.,Tempoia � ��, 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES IIEREB INDE-NIIFY, HOLD I ARiv1LESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROi I AND AGAINST ANY AND ALL CLAMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NIAINTENANcF, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACILMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WHOLE OR PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLALNIS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENNEES, INVITEES OR TRESPASSERS. 1;. 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 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: Property damage, per occurrence 5100,000.010 Bodily injury, per person S250,000.00 13Odll%- injury or death, per occurrence S�00.000.00 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 notice to Grantee of such rcyuirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days' prior written notice to the Buil Nr,Jl7. .. CUNSE�NT- REP.! 'alor T�-­rary I se of id 3gp�lyl mil' V x.11 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 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. 16. 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. 17. This agreement shall be binding upon the parties hereto, their successors and assigns. 18. 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. 19. 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. EXECUTED this day of � � 200rj (JRANTOR: GRA EE: CITY OF FOR"1 VVORTH Building Official Title 6 CGNSE NT A(dt, EIS -,r Tens„rury use c!Dublic property APPIt ...FORM AND LEGALITY: ssist Ci mey Date fCyiSecretary Date NO M&C REQUIRED CRIC-111AI END 7 CONSENT AGREE ME N T'.or Terrporary se d i4,Yt7!NW f U 1• STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and Fort ;t� eras, on this day personally appeared ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that helshe executed the same for the rpo es and con�styg4tion t erein expressed, as the act and deed of �V-Vvr-'' cs`� (Lk and in the capacity therein stated. l GIVEN UNDER MYHAND AND SEAL OF OFFICE this day of 20 [,Gt✓�Jr�-� Affiant Title Notary Public in and for S ANGELA ES ADA The State of Texas Notary/Public STATE OF TEXAS W Cann.Exp.08/21/2007 8 FT. Wonmi J STATF OF TEEX-4S CO UYrTY OF TARRY A T. BEFORE JILE,the a NotaryTublic in and Fo the,Strrte ofTetns, on tl3udaypersonally appearerl ,known to me to be theperson whose Marne is sribscribed to the foregoliz instrument, and acknowledged to the that lie/she executed the snn3e for the.purposes and consideration thereirr �r,pressed, as the act and deed of. _ and i n the capacity therein stated. GI AI ZTi DER MIVE4XD ,LVD SEAL OF OFFICE this (lay Of � Z0 . , JANEILE MCELYEA BG"" Stawof Texas �:°,• •rL Notary Public, Aires My Commission Ex _ ' t(IF1; '11bliC in n311�f o1 s. August 21,2006 The State of Texas ��, li"OHN, YEN. ACORV CERTIFICATE OF LIABILITY INSURANCE OPIp x DATE(MWDDIYYYY) SCOTT-3 04/28/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Brants Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1600 West Seventh Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth TX 76102-2505 Phone: 817-336-3030 Fax:817-336-8257 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Mid-Continent Group 23418 INSURER B. National Union rSz• i-ance Scott Dennett Construction INSURER Hartford Casualty Ins. Co. 2808 W. 7th. St. Ste. B INSURER Hartford Llo d's Ins Co Fort Worth TX 7607 Y INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) - LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,0 00 A X COMMERCIAL GENERAL LIABILITY 04-GL-000545595 04/30/03 04/30/05 PREMISES(Eaoccureno $100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $Excluded X Additional Insd PERSONAL BADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY PEa LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT C ANY AUTO 46UEC3883GG 04/30/04 04/30/05 (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 B X OCCUR EIcLAIMSMADE BE1398369 04/15/04 04/30/05 AGGREGATE $4,000,000 $ R DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E EACH ACCIDENT $ OFFICERR EMBER EXCLUDED? El DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER D Property 46 SBA BA7308 SC 04/30/04 04/30/05 Contents 52,800 Ded 500 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITYOFF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Fort Worth IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1000 Throc)aaorton Fort Worth TX 76102 REPRESENTATIVES. AUTHORIZE PRESENTATIVE �•. ^+ p. ^� 0 � t� ]V, ACORD 25(2001108) ©AC 7 1� �t':��It,Y01! ily4tl� North 3rd Street r Taylor St 1 Building Address 420 Throckmorton 4797 Area requested is on 4796 Taylor Street parking meter #'s 4796 & 4797 Barricade',. APPLICANT MUST CALL FOR AND RECEIVE AN INSPECTION AFTER ALL APPROPRIATE BARRIERS OR OBSTRUCTIOW ARE IN PLACE. TEMPORARY OCCUPANCY OF PUBLIC PROPERTY MORE THAN 3 DAYS 3 DAYS QR LESS SIDEWALK FEE- SQFT, X X DAYS STREET FEE- O 0 SQFT.X -a3 X ...DAYS h. TOTA L 128 k4 4th Street 5 ,I 1 1 � 1 { i 1 0 0 <XX 0 0 0 ` TYPE I I o BARRICADF W z RIGHT LAN CLOSED x J Q rn z J Z o <*> Y _J LJJ o Q > x m CL Q DUMPSTER IN — DUMPSTER IN PARKING LANE TRAVEL LANE M This plan Is submitted for TCP. 1 certify this plan will be used for the follin9 locotlon(s): cli CT- and that all channelizing devices will conform to 'General Notes' as shown on the bock. CD S1f�natUre: �':•' CITY OF FORT WORTH TYPICAL LAYOUT FOR DUMPSTER I TRANSPORTATION — - -. AND Note: PUBLIC WORKS See revorse SIC!e for General Notes and Oevice Spocin9 PLAN `310` City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of FORTWORTH CITY OF FORT WORTH M(95- 0020iS TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 4/21/2005 PERMIT #70497 MAPSCO 62Z D.O.E.# Building Permit# (if applicable) STREET BLOCK-F FROM TO I DATE Mon.-Fri.Time TIME I TIME BEGIN END BEGIN END SAT. SUN. 1.TAYLOR ST 1700-800 1 W 3TH ST W 4TH ST 4/22/2005 4/30/2005 24HRS 24HRS 24HRS TYPE OF WORK TO BE PERFORMED:Other-Fee DUMPSTER PLACEMENT AT METERS 4796 AND 4797 OK PER ATTACHED TRAFFIC CONTROL PLAN. THIS PERMIT IS GRANTED TO THE CONTRA CTORIAPPLICANT UNDER THE FOLLOWING CONDITIONS: • CONTRACTOR/APPLICANT IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE OR EVENT AT ALL TIMES. • THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. • ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S "STANDARD SPECIFICATIONS FOR STREETS AND STORM DRAIN CONSTRUCTION MANUAL". • ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL PLAN (TCP) SUCH AS SIGNS, STANDARD TYPE I BARRICADES SAFEGUARD THE PROPERTIES AND PUBLIC. • CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES. • ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY, INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL INJURIES ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR. • A 24-HOUR DECISION-MAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL BE PROVIDED. • THIS PERMIT DOES NOT RELIEVE THE CONTRACTOR FROM OBTAINING NECESSARY PERMITS FROM COUNTY AND STATE ENTITIES WHERE WORK IS ENCROACHING INTO THEIR RIGHT-OF-WAY. • IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE. SCOTT DENNET CONSTRUCTION AARON LONG&= CONTRACTORIAPPLICANT CFW CONTACIt EMERGENCY CONTACT NAME SHAWN MOORE 24-HOUR PHONE 817-882-9420 MOBILE 817-882-9420 PGR# FAX#817-882-9424 TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 _ FOiv http://tpwpermit.cfwnet.org/popup_permit.asp?permit_id=70497 04/21/200 1 • t� t I . 1 1 I 0 . o 0 o o o J j TYPE I BARRICADE o Ld RIDNT Z LANE Q CLOSED � J x Q I' J C 1 z ` ROAD Y J s WDaK W o AH:AD a > x o a J 2 F 1 1 DUMPSTER IN DUMPSTER IN PARKING LANE TRAVEL LANE m m This plan Is submitted for TCP. I certify this plan will be used for the folling location(s): cli o- and that all channelizing devices will conform to 'General Notes' as shown on the beck. w . o Signature: Det.e CITY OF FORT WORTH TYPICAL LAYOUT FOR DUMPSTER TRANSPORTATION AND Note: PUBLIC WORKS- See reverse side for General Notes and Device Spacing PLAN `310` City of Fort Worth Transportation and Public Works Payment Receipt Page 1 of FORT I VORT11 TRANSPORTATION AND PUBLIC WORKS RECEIPT FOR PAYMENT 311 WEST 10TH STREET FORT WORTH,TX 76102 PH:817-392-6594 F:817-392-8941 PAYMENT ID 5901 APPLICANT SCOTT DENNET DATE 04/21/2005 CONSTRUCTION PAYMENT Credit PAYMENT $50.00 Payment is Verified METHOD Card AMOUNT PERMIT: 70497 DATE: 04/21/2005 TYPE: Other-Fee LOCATION: 700-800 TAYLOR ID FEE TYPE FEE AMOUNT AMOUNT APPLIED 14232 Permit $50.00 $50.00 http://tpwpermit.cfwnet.org/popup_receipt.asp?pid=5901 04/21/200'