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HomeMy WebLinkAboutContract 50147 ro RECEIVED CITY OF FORT WORTH CITY SECRETARY w +0 TEMPORARY OCCUPANCY PROCEDURES 6 8 9� FOR Ol EET, SIDEWALK, & PARKING METER ENCROACHMENTS 1. Applicant receives in triplicate "CONSENT AGREEMENT FORMS" page ten (10) of the Consent Agreement Forms shall be signed(all originals signatures)by the company president or the company vice president. Name of grantee shall be same as whoever furnishes the insurance certificate. If grantee is a corporation, obtain officer's signature. ""CONSENT AGREEMENTS SHALL BE NOTARIZED"" 2. Applicant shall furnish three (3) copies of a certificate of insurance and three (3) copies of sketch showing the area(s) to be occupied, time to be occupied, area(s) length and width in whole feet, the correct address, and Building Permit #, that applies to the encroachment. If parking meters are involved, applicant furnishes parking meter number to Gordon Alderman with Transportation Public Works Dept. 3. Insurance Requirements: Property Damage,Per occurrence $100,000 Bodily Injury,per occurrence $250,000 Bodily Injury or Death per occurrence $500,000 4. FEE CALCUALTION; RECORDED ON SKETCH SUBMITTED FOR PERMIT A. If the time does not exceed three(3)days,the fee will be$42.80 per day up to and including the third day,with a minimum of$128.40 if more than 3 days. B. If the time exceeds three (3) days, the fee per day will be $.015 per sq. ft. of sidewalk space and$.03 per sq. ft. of street space used,minimum of$128.40 Formula: Sidewalk : $.015 x Length x Width x Calendar Days Minimum Street: $.03 x Length x Width x Calendar Days $128.40 5. TRANSPORTATION & PUBLIC WORKS APPROVAL REOUIRED Approval in all cases, contact Gordon Alderman, 817-392-6748. The Transportation & Public Works Department is located at 311 W. 10`h Street, ground level. You will need their signatures on all(3) sketches. OFRICORD CITY S9CRETARY FT.WORTH,TX CITY SECRETARY CONTRACT NO. i CONSENT AGREEMENT j FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT 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 Lockheed Martin Corporation, and acting by and through its Lockheed Martin Aeronautics Company operating unit. Acting by and through its duly authorized agent, Joseph LaMarca 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: 900 Main Street, Fort Worth, Texas street for setup of the F-35 full scale model, HIMARS and SMSS Army vehicles to support events leading up to the Lockheed Martin Armed Forces Bowl hosted in Ft.Worth. 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. All use and occupancy of public street, alleys, sidewalks 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 and Public Works of City. {i OFFICIAL RECORD CITY SECRETARY r FT. WORTH I CONSENT AGREEMENTfor T porary use of pub c prop;,;dec E I � # 1 a � f 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. f 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: Length of block of Main St. (222-ft)X the width(45 ft)minus 328 sq ft of parking space on east curb line, minus 1256 sq ft of parking space on the west curb line=8,406 sq ft Plus 9 parking metered spaces at$604.55 for six days+ $100 street use permit fee Total charges= $2,217.63(not including any additional parking metered spaces selected) 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 i 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 6 days,from 12/17/2017 to 12/23/2017 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. r i 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 i 2 CONSENTAGREEMENTtorTemporaryuse ofpubic prapertyl.doc I `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. 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 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 use or occupancy of the streets and sidewalks or reasonably determined other rights-of-way, as aerermined By me 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. j In the event that Grantee fails to comply with the covenants herein contained with respect to i such removal or restoration,the City shall have the right to remove or dispose of al reasonable opinion equipment,supplies,materials or other property and repair any conditions which in me opinion o ' 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 AGREEMENTfor Temporary usa of pudic pmperlyi.doc t i ss i 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 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. 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 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 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 between City and Grantee. 4 CONSENT AGREEMENTior Temporary use of public pmpeW.doc k { 1 . f iNt t f ! t f t f R ff f f WE f t f !+T)A ATTTL� L7T7]TDt/ A CQ7T\iiTC A T 7 T 7 A DTi TTV A 1�iT DT'C'D/ll\TCTDTT iTt/ /1T, /iTV ! f ) GRANTEE SHALL LlI"WibiE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FORD 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, LICESNEES, OR INVITEES 15. 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 $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 insurancc 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 5 CONSENT AGREEMENTfor Temporary toes of public properlyl.Anr. r t I 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 I force such public liability insurance at all times during the term of this agreement and until the i removal of all encroachments and the cleaning and restoration of the city streets. All insurance i t 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 I such prior written approval shall be void. 17. F This agreement shall be binding upon the parties hereto,their successors and assigns. t s 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. j i EXECUTED this b" day of GRANTOR: GRANTEE: CITY OF FORT WORTH -/f f Building Official Title 6 CONSENT AGREEMENTfor Temporary use of public properlyl.coc ` 4 I i 1 APP T AND T ,GALTTY: ffi Assi an City Attorney Date r �� J, 117 City SetreAry :d,� Date 'XN* 1 1295:_ A ____ OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 7 CONSENT AGREEMENTforTemporMuse ofpublic propoW.Coe STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority,a Notary Public in and W�y is day personally appeared ,known to me to be the person whose name is subscribed to the fore ing instrument,and acknowledged to me that he/she executed the same for th u es and cois'daratiox t rein expressed, as the act and deed of , and in the capacity therein stated. t [ I NDF,R MY NAND AND SEAL OF OFFICE this --I- 1tday Of „20-L-1 . Affiant t3u Title Notary fiblic in and_for The State of Texas o,,n+oo R. G NAREZ _ Notary Publio-State of Texas Notary ID#12398238-8 or Commission Exp.SEPT.13,2021 8 G STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority,a Notary Public in n For the State of Texas, on this day personally appeared_Z-&Snf=; ,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 for the purposes a a consiaeratiK therein expressed, as the act and deed of L'!1?I t n, 2r)-77S and in the capacity therein stated IVEN UNDEJ MY NAND AND SEAL OF OFFICE this ) day of nA c nt tle Cep Notary Public in and for The State of Texas ``````P 1Dtt�rr'' �C ' l PUB F e qky 10 T e 4 o 3o f f i f f i Contractors Name:L "/,V � —Jz Point of Contact•` ' Phone Number. Building Permit Number. Purpose for Closure: , Begin Date: Ucc- L--z Date: Type of Taper according to posted speed limit Tapers @ 30 MPHAR Offmt,150,mininnnn Tapers a@ 35 MPH,10ft Offset,ao5' coke.lTapers Q 40 MPIi,1Oft Offset; Cs'ninirriurri hoc ftrr" r FF DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/08/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC. NAM'L. - 1050 CONNECTICUT AVENUE,SUITE 700 n ONCC,Np Ext) AJG.No: WASHINGTON,DC 20036-5386 E MAIL A:ODRESS: INSURER(S)AFFORDING COVERAGE NAIC 1/ 040053-STNRD-9/1-17-18 INSURER A:ACE American Insurance Company 22667 INSUREDLMAeronautics Company INSURERS:N/A N/A C/O Lockheed Martin Corporation INSURER C:N/A N/A P.O.Box 748 INSURER D:NIA N/A Mailzone 6896 Fort Worth,TX 76131 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMHER: CLE-00536864742 REVISION NUMBER: 16 THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MWDD EFF POLICY EXP MWDD/YYYY LIMITS LTR A X I COMMERCIAL GENERAL LIABILITY HDOG27869567 09/01/2017 09101/2018 EACH OCCURRENCE $ 2,000,000 DAMAGE TO CLAIMS-MADE Fx_1 OCCUR PREMISES EaEoccurrence) $ N/A X CONTRACTUAL LIABILITY MED EXP(Any one person) $ N/A PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY El JEa LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAh1AGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE _ $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED F7 RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNEPJEXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS i LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE:ENCROACHMENT UPON,USE AND OCCUPANCY PORTION OF THE SPACE UNDER,ON AND/OR ABOVE THE STREETS,ALLEYS,SIDEWALKS OR OTHER PUBLIC RIGHTS-OF-WAY AT APPROXIMATELY 900 MAIN STREET,FORT WORTH,TX FOR SETUP OF THE F-35 FULL SCALE MODEL,HIMARS AND SMSS ARMY VEHICLES TO SUPPORT EVENTS LEADING UP TO AND INCLUDING THE LOCKHEED MARTIN ARMED FORCES BOWL HOSTED IN FORT WORTH FOR THE PERIOD 1211712017 THROUGH 12/23/2017. CERTIFICATE HOLDER CANCELLATION CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PLANNING&DEVELOPMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 THROCKMORTON ACCORDANCE WITH THE POLICY PROVISIONS. FT.WORTH,TX 76102 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Timothy M Kelly ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD