HomeMy WebLinkAboutContract 31091�i � `�' ���:I�Ei�R�°
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CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
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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 F a 1 c o n O f f i c e & E n q i n e e r i n g
Sun�l�, Inc
Acting by and through its duly authorized agent, M i c h a e 1 W. S t e� h e n s ,
Hereinafter referred to as "Grantee".
WITNESSETH
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
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: '����`:`91 ��+':'C �'�•�' ''L' '"' `-�� .
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to �lace a dum�ster in the street on 13TH Street (� Throckmorton
Street where �arking meters #4282 and 4283 are located for 30 days
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.
F�
All use and occupancy of public street, alleys, sidewallcs or other public rights-of-way under
this agreement shall be in strict compliance with the Charter, Ordinances arid Codes of the 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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1 CONSENT AGREEMENTfor Temporary use of public property
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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-of-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 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 ar 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 ar 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 3 p days, from 10 —14 — 0 4 to _� � ?� �U� ,
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 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 AGREEMENTfor Temporary use of public property `����{ �
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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 nghts-of-way.
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
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 Ofiicial for the protection of public health or safety, City may terminate and cancel this
agreement.
La
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 Worlcs 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 sidewallcs 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.
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CONSENT AGREEMENTfor Temporary use of public property �'��
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Nothing herein shall be construed as a waiver by Ciry 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 Agreement.
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.
fK�
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 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
not apply as between City and Grantee, its officers, agents, servants, employees, contractors and
subcontractors, and nothing herein shall be construed as creating a parinership or joint enterprise
between City and Grantee.
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CONSENT AGREEMENTfor Temporary use of public property ;.p �.( �
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14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMIFY, HOLD AA�NILESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIIVIS 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 MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACI�M�NT AND
USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WI30LE OR PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND
GRANTEE HEREBY ASSUIV�S ALL LIABILITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
SLTITS. GRANTEE SFIALL 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 CONIVECTION WITH
ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TRESPASSERS.
15.
Grantee agrees to fiunish 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 occunence $100,000.00
Bodily injury, per person $250,000.00
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
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 AGREEMENTfor Temporary use of public property " G
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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 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.
This agreement shall be binding upon the parties hereto, their successars 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 � ,� , 200�'�
GRANTOR: TEE•
CITY OF FORT WORTH ,�i"� (1 C /
�/�� �� Michael W. Stephens
Building Official
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President
Title
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CONSENT AGREEMENTfor Temporary use of public property "" '
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APPR � D Tr—C��O,RM AND LEGALITY:
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Assistan ity Atiorney
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City Secretary
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(�c'�3`:i��: uc: i� �'z11t�17U1� 1 Zf.�"� 7.c�f).
Date
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CONSENT AGREEMENTfor Temporary use of public property
STATE OF TEXAS
COUNTY OF TAR_RA.NT
BEFORE ME, tlze undersigned autliority, a Notary Public ifa and
For t1: tate af Texas, on tlais day pef�sofzally appeared
�, (��r,�� �--�;� I �� known to �ne to be the person fvlzose
�,To�� �
name is sasbscribed to tlae foregoifag instrument, and acknowledged to tne
tlaat lae/she executed tlae same for the�urposes and consideratio�z tlzerein
expressed, as tlie act a�zd deed of �% ������f�� � C'����Lt��� � ,
atzd itz tlae capacity therein stated. `-�
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f� G EN UNDER MYHAND AND SEAL OF OFFICE this ��� day
of �,�_� � :�'�.� � 2 p ��� . .
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Affiant
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Title
; />F' °ugk, ANGELA ESTRADA
Notary Publ(e
� i�s �,� y` STATE OF TEXAS
"''���p MyComm. E�p.08/21/2007
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Notary Publi in and for
The State of Texas
8
STATE OF TEXAS
CO UNTY OF TARRANT
BEFORE ME, the utzdersigned authority, a Notafy Public i�z and
For the State of Texas, ota tliis day personally appeared
M i c h a e 1 W. S t e�h e n s ,known to me to be tlae perso�a wlzose
nafne is subscribed to the foregoing instrufneszt, and acknowledged to fne
tlaat he/she executed tlae same for tlae purposes and conside�ation therein
expressed, as the act and deed of
a�ad in tlae capacity the�ein stated.
GIV� N UNDER MYHAND� A� �'D SEAL OF OFFICE tlais � day
of �'�=�• 20�.
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�� V ='_°`'�'� P`a��: PATRICIA D. MATNEY
*� *` MY COMMISSION EXPIRES
Affiant °�.. �,:
'%;E oF ;E+: Maroh 13, 2007
President
Title
Notary Public ifa and for
The State of Texas
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Contractors Name:
Point of Contact:
Phone Number:
Building Permit Number:
Purpose for Closure:
Begin Date: End Date:
-- ----------.. --•-_ _.._ _
Type of Taper according to posted speed limit:
Tapers @ 30 MPH 10$ Offset 30ft minimum
Tapers @ 35 MPH lOft Offset 35ft minimum
Tapers @ 40 MPH l Oft Offset 40ft m;nimum
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� THA�? � DAYS � p.�,�. �'� G� � �.'.";: �; �
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S!�?EVU�l.fC FEE� �". ,; �, . '';`�;'r' .
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1�i11/24Q4 17:15 FAR 8174882785
C�i�'TIFICATE dF INSURANCE
This csrtifies th��k ❑ STATE FAR�1 FIRE AND CASIdALTY COMPANY, Blovmington, tllinols
❑$iATE FARM GENERAL INSURANCE COMPANY, �Ivorningtan, Illinois
I� STA'T� FARM FIR� AND CASUALTY COMpANY, Scarborough, O,�tario
�STATE FARM ��,�F�IDA IN3URANCE CCIMPANY, Winter Naven, FlaNda
STATE FARM llpYpg, Dallas, Tac��
insur�s the failawing p�licyholder forthe cavarages indlc�ted be(ow: �
policyhalder
Addre�s of policyholder
�.�,vc+�lvi� vr vMciauviia
DesCriptlon of operdtiqns
FALCON OFFI�E & E;hJGT.NEEA2h1�3 SUPPLX
131A THRGCIQ7QRTON ST, FOR1' I�ORTH, TX 761�2-6309
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The policies lisf�d b�low have been isauCd to the policyholder far the poliey periods shown, 1'he Insurance describod in these policies is
subjGct•fo all the terms �xclusions, and conditians of those poliGes. The limits of liability shown may have b�er� reduc�d by eny p�id claims.
���Y ��� UMlTS OF LIApIUTY
POL.lCY NUf�1B� TYPE aF INSURAh10E Effective Dafe ;�Iration DaOe (at begfnrring bf p+olicy p�iodl
�vmprenensnre �
,
9��Gp-0698-a 6usll�e55 Liabtlity 02/1Z/04 ; 0�/12105
-------------------�------- - --.....------------------ ---_..-•------------•-------•--�..--
This inauran�� inclu�es: � Proc�+cts - Compieted Opsratlons
� Cent�actuei Liability
� Undcrground Hazard Ca�erage
� Personal tnjury
� Adv�xti�iny Injut�
� Explosian Hazard Cov�rage
�1 Collaps-� ,�aaaard Cav�rage
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EXCES5 LIABILITY
[] Umbrella
❑ Qther
Workers' Comperrsstion
�nd Emplayers Lia4iGfy
Each Dccurrertce
C-�C���I'�! Aggreg�i6
Produ�ts - Complet+9d
Opera#ipns a�gregate
BODILY INJUF�Y AND
PROPERTY DAMAGE
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S1,p00,000
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POUCY PERIQD BObfI�Y INJURY�IND PR�PERN DAMAuE
EffiaCUve �8te : Irdti01'f DaE� (CCtYt�ir�ed Singl� L,imit)
�2�:h OCcvrrPnGB $
_ , AggreQste $
POLICY NUMB�R � TYPE pF INBIlRAN�� I�c�y� �;
P��t '! STATUTORY
Part 2 �(�QILY IN,IURY
Eactj AcCident $
�15CE�e � F�ch Empfoye� $
Disease - Paticy Limit $
�i�rs �� uae�u-n�
cglnning of policy pe+
FHE CERTIFICATE OF INSURANCE !� NQ1` A CONTRACT pF lNSURANCE AND NEITHER AFFIF2MATIVELY N�}R N�GATIVELY
AMENDS, �XTEND� OR ALTEf� iHE COVERA�aE ApPRdVEb BY ANY POLICY bESCRIBED H�REfN.
!f eny of the describ�d policies are canceled bafore
its �xpiration date, State �arm will try ka mai! � written
nat;ce to the aer�ifi�fe hotder 30 d�ys bcfore
Name and Address of Certifrcate M�Ider canccll�ti�n, If haavever, we fail to mal! such natic�,
no obli�gation or liability will be lmposed on St�te
CIT� OC F9RT WORTH Farmf" I g'� ��� p rrpg �f,g{4
1000 THROCIzt�0l�mpr,r sT r � ,��� :,: �
roRT �'7QR'1'H, Tx 76102 �,' �
Slgnature ofAutnorized Repre antl4iv
i AGENT _ 1tl/11f04
sran FA0.Ai µ CLARK q�13URAtiCB A8El1G'Y, INC. r� Date
IlI. CL4tr(, ChFC, CLU, Ageet AganYs �p,� 5tamp
2d52 W.I-20
�ws��,+N��, ff.817 �ingto�n,Te�as 76Q� 7-0374 aFf7Code oez
558-�84 A�4 11-72-20D2 PNnletl in U.S.A.
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� City of Fort Worth Transportation and Public Works Street Use Pernut
Page 1 of 1
���� ����� CITY OF FORT WORTH P�O� - QO9 a. I
- - TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 10/12/2004 PERMIT # 61752 MAPSCO 77A D.O.E.# Building Permit # PC04-00021
(if applicable)
STREET BLOCK FROM TO DATE Mon. - Fri. Time TIME TIME
BEGIN END BEGIN END SAT. SUN.
1. W 13TH ST 218-234 THROCKMORTON ST TEXAS ST 10/14/2004 11/13/2004 24HRS 24HRS 24HRS
TYPE OF WORK TO BE PERFORMED: Other - Fee
ENCROACHMENT PC04-00021*�TRAFFIC CONTROL FOR DUMPSTER AT PARKING METERS 4282 AND 4283, OK PER�
ATTACHED TRAFFIC CONTROL PLAN.
THIS PERMIT lS GRANTED TO THE CONTRACTOR/APPLICANT 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.
• IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF
THE CONTRACTOR'S LICENSE.
FALCON OFFICE & SUPPLY, INC.
CONTR,4CTOR/APPLICANT
AARONLONG I I �
CFW CONTACT
EMERGENCY CONTACT NAME KING McGOWAN
24-HOUR g17-870-0330 MOBILE
PHONE
PGR#
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STKEET fVIANAG�MENT SECTION
311 W 10th STREET
FORT WORTH, TX 76102
(817)392-6594 FAX (817)392-8941
http://tpwpermit. cfwnet. or�/ponun
FAX# 817-870-2432
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DUMPSTER IN �
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\ This plan is submitted for TCP. I certify this plan will be used for the follin lo
o- . g
N cation(s?:-
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� and that all channelizing devices will conform to 'General Notes' as shown on the
�u /
o Signature: � �/ � back.
� �� -. Da te /D -� -
CITY� OF FORT WORTH � /� �
� TRANSPORTATION TYPICAL LAYOUT FOR DUMPSTER
AND Note: �
PUBLIC WORICS � see reverse side for General Notes and Device Spacing � P u o
LAN 31�
� 2of3
1• Ali channelizing devices shall �=GENERA�L NOTES" � .�
be in accordance virith the current edition of the Texas Manual
� on Uniform Traffic Control Devices. � ,
2. Ali Traffic Control Devices shall have working visible warning lights as required iFl
accordance with t#�e current edition of TMUTCD.
3. For Temporar�r Situations, when it is noi feasible to remove and restore paverrient
markings, channelization must be made dominant by using a very close device s a�� �
This is especiafiy importan.t in locaiions of conflicfing information, such as where t affc is
. directed over a double yeflow centeriine: In such locations, channelizing device spacin of
10 feet is requ.ired. . • 9
4. For Lon4 Term StationarLr work, ali conflictin
centerline striping provided where two way traffcis adjacent�lanes. ust be removed and
5. Contractor shafl provide sidewalk closure, crosswafk closure and/or walkway by ass
wherever pedestrian movements are affected by construction activities. All sidewalks and
crosswalks shall be accessibfe wh.en contractor is not working unless otherwise approved by
the City Traffc Engineer. .
6. The use of trailer mounted ARROW DISPLAYS'may be required on alf lane cfosu
contractor shall provide one (1) siand-by unit in good working condifiion at the job sr'te, read
for use, if his operation requires 24-hour a day closure set-ups and if required. y
7. Cify iraffic Engineer and/or inspectors may. require addifional traffic control devices, .
Posted . .
Speed Formula*
MPH
30
35 L=WSz
60
40 �
45 I
50 L=WS
"L= Taper length in fest
TYPlCAL TRANSfTiON LENGTHS AND
SUGGESTED MAX►MUM SPACING OF DEVICES
Minimum Desirable Taper Suggested Maximum Device
Len ths L Feet S acin �
�� �� 12' On a Taper On a. Tangent
Lane . Lane Lane (Fest) (Feei)
Offset Offset Offset .
150 165 �80 30 � I
60-75
205 225 245 35
265 295 ' 320 . �0
450 495� 54.0
500 550 600
W= Width of ofFset in feef
Nafe: BufierZone wi11 be 25 feet (maximum).
LA1��' fJ�F�ET - 1�llD�'� Q�' �.�1 ���
�
8�1�� C�D��l�
45
�
70-90
, 8 100 0
90-110
10�
S= Posted speed in rn�ft
LEGEND
� � Channetizing devices
�Traifermounfed
arrow dispfay
� Ffagger.
�� Bar.ricade
Suggested Sign
Spacinq (F—�.)
. y�p
Dimensron
120
160
. 240
320
400