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HomeMy WebLinkAboutContract 26760 CITY SECRETARY CONTRACT NO. `f CONSENT AGREEMENT 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, herinafter referred to as the "City"' and MAX EUBANK ROOFING CO. , 300 Blue Smoke Court West, Fort Worth, Texas 76105 acting by and through its duly authorizers President David T. Long , hereinafter referred to as "Grantee". WITNESSETH: 1. For and in consideration of the payment by Grantee of the 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 portions of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: & i I A rn C k foto(--�on Sixth Street between Throckmorton and Houston Streets fq, wooU_�� I � + 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 streets, alleys, sidewalks or other public rights-of-way under this agreement shall be in strict compliance with the Charter, Ordinances and Codes of City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. 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 Pd SS x X 76,5 G 1( NIK."THP VEX. 2 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devices 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 an additional amount equal to such additional cost as determined by City. 6. The terns of this agreement shall be for__ 15 days, from_. 5-9-01 to 5-2310-11, 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. 'END RR 11KIMA �[ o 3 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 "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 th -public -- n��n(��N LrXI, ' GES o trights-of-way and adjacent supporting structures to a cond ,v�jacceptable to the Director of Transportation and Public W �7bo �,a 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 too 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 b' City. - Nothing herein shall be construed as a waiver b � $� 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 5 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 that 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, should 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. V�cVikk r'E�C1RD 12. �'Nati'"MI DS,Ry Grantee agrees to pay promptly when due all fees, provided for by this agreement or by any federal, state or local statute, law or regulation. 6 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 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. 14. Grantee covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend City, its officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including 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 YHO M� U1., encroachment and uses granted hereunder, whether or not caused, in. . whole or in part, by alleged negligence of officers, agents, servants, 7 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 claims 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, licensees, invitees or trespassers. 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 than the following: Property damage, per occurrence $100,000 Bodily injury, per person $2501000 Bodily injury or death, per occurrence $500,000 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 amounts 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 of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A". Gray it it a similar CO�� ��� G� G� ChaC�G'��➢� o 8 Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. Grantee agrees, binds and obligates itself, its 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 of 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 the 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. 0 (61 C0 ��� P[ 9 EXECUTED This --f< day of May 23M 2001 GRANTOR: GRANTEE: CITY OF FORT WOR H MAX EUBMK ROOFING CO. 300 Blue Smoke Court West Fort Worth, nT as 7610 $ BUILDING OFFI AL APPR ED TO FORM _AND LEGALITY: President �— TITLE CIT TTO EY DATE: CITY SECRr Y DATE. " � -d Contr�ac�tAu�torijzation Date P 10 STATE OF TEXAS CO U ITY OF TARMNIT BEFORE PIE, the undersigned authority, aRotaryPublic in and For the State of Texas, on this day personally appeared Yl �• H-P—mragg ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to frte that he/she executed the same for the pur oses and onsideratt'�'QQ,,��t1 in expressed, as the act and deed of S Sup I�,�� 04-+11 , and In the capacity therein stated. Tn GI VE!A' U!ADER 11IYTIA!AD AND SEAL OF OFFICE this �'Q day Of 2001 Affiant P JUANITA JOYCE JEFFERSON f Notary Public State of Texas � Commp . Expires 06.28-2003 of� The State of'Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared David T. Long ,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 and consideration therein expressed, as the act and deed of Max Eubank Roofing Co. , and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7th day Of May 20-2-1 . Affiant President Title Notary Public in and for The State of Texas 12 -1 F�GBAi G'������0r DO �`,�U U�Cr�u A�fGIj�WU,II O ;a lIG'`li�L�r�VU9 U��a Contractors Name: MAX EUBANK ROOFING CO. Point of Contact: Ken Hunter P Number: (817)__834-6344 BSN ttg Permit Number: 8011230270-00 Purpose for Closure: Placement of dumnster for reroofing projectC) £ Begin date -_5-9-01 '' End date 5-24-01 ✓ No work permitted duringpeak hours: 7:00am-9:ooam and 4:00pr1i-G�7i� i c,io No u,,rroW ✓ Required to have pedesian signs during work at all times � 0 Type of Taper according to posted speed limit: • Tapers @ 30 MPH 10 ftOffset 30 ft minimum W Tapers @ 35 MPH 10ft Offset 35 ft minimum �- k • Tapers @ 40 MPH loft Offset 40 ft minimum 7. W PQ • cu o ti (n M1�ory� F o F - O O O � a xx 1— W a = xx t_- @ Ren cn m 1 o' a§(&J Vs . . uz - ---- ,� abo - :S:' ry+,•,. ..Jw iii.arf,' «� .. ..$f�. l' .'•4>..• ...i,.r.. • .i:Kj., Y°Y•>:{ x l; R r j, ,�. RD, e, .... �.. v ..: .. .•< )f w,x�,fv �.:71r'"f OSL ii n.• .. ...u.0•: ..:...... ,.:err ... t.,...,.SWat• PROOLCEA THIS CCRTWI"Ts IA lasers,Q AS A�MAITER OF INFOR#IWTION rt c�R :,Q811CY, INC, ONLY AND CONIFERS NO RIGKCS UPON THE CEt�TINCATE HOLDER. TH8 CLRTIFICATE DOES NOT AMEND, EXTENId OR ?.c. Dox 2285 AL 1 BR THE COVCRAbE AFFCRDCD BY THE POLICIES Bf1.OW. MPANIES AFFORCING COVERf1GE ?CAT WCRTi, "X 7611) COMPANY ZUR�CB V.S. ;c:7) A :wsuREo COMPANY MAX %71RANK ROOFING CO. TzxkS NC IN-Im NCB FUND 3:0 51- 3LIJ8 SMOR7s C'. I GOWAW LUIBE[tAtA11'S MCL UAL AGA::Y V022T air?RTP. TX 76105 j COMPANY D 07 r i4 s st>ti S 1: ; 3e a,x ..0•3:.tr.r .5)i>�.a '> .<.a. > i.., ia ,u ;Js. .e• „r .4 .:.3 s`:a x- .. ., i',�rr x. rl;10 IC TO CIRTIFY THAT TNF POLICIES OF INSURANCE USTEO BELOW MAVE BEEN ISSUED TO THE INSUFEO NAMED AWVE FOR THE POLICY PEFIOD :NDJCATEO, NOTWfPHSTANDING ANY AEGUIREMENT,TERM OR CONOITION OF ANY CON I Mr-T CR OTHER DOCUMENT WITI I lCOPECT TG W141CA THIS CERTIFICATE MAY BE ISSUED CR MAY PERTAIN,TH9 INSURANCE AFFORDED BY THE POLICIES DESCRIBED H015IN IS SUBJECT TO ALL ThE TERMS. _ B(CLU510NS MIC CONOITIONE OF sUC$4 POUCISS.UMITR`;MOWN MAY HAVE BEEN RS)UCED BY PAID CLAIMS, _ GoTYPE OF IN6ilAAMCE POLNSY NUM6ER POLICY EF VMV POI MJ7 VVIRATICN LTR i I DATE pI1MlQW" DATE(MUMVi " *DWJ ALUASLM GEPIEPALAGOREGATE S 2,900,OOC a. X C:OMMEFCIALutw wLLlaex lri Cot13�G1C1>a i n�/07/01 I 01/0"/02 PRODUCTS-CUM"AGG S 21000,000 CLNNSMADE OCCUR! } + PEIiSONA1.8ADY'NJURY S 1,000,OCO i r I SEA'S d CCNTRAC)cx+V"IDT j EACH OCCURF"CE Is FM PRO.,-SCT AO®tEGASE � !FI--DAMAGE WgomOM) 15 5;),003 mm EXI?WT(vn•0e+•en1 S 5, o I JWM=LE UABIUTY i A ;X My Aum CON48616155 '11/")7,r COAABINEriSINGLEUMIIT $ -A!L CWNEC AU"09 E O LY IN VIV f _304EDULED AUTOS I , i(Pe/P&n) I A tx HIREGAulm ' 3CnE.Y INJURY JA ,rY-1 NDN-0WNE7 AUTOS i ` cow awldarm r PRO13orYnAMAGE s i GAUGE WU3IU7Y i - 1 AUTC ZNLY•EA ACC"DDT T is ANY AU.0 ; 07HEA 71 M AUTO ONLIii 7— i EACH ACCENT S AOpFEaATL f j EXOM UABILIIY EACH OCCUPRIENCE 5 5,000,oo C X LiMBIQ)i )MRN I 9i7 I ^.;'07' 01i07/-;2 i AC1Uhk-ijAlt a 0 Ooo,dO': OTHEP.THAN U.LIBFELLA FORM I WOPPOM COMPENSATION AND EMPLOYERS U"ILM i LIMITS L R I -L EAW ACCIDENT I s 5 0,0 0 0 j 3 PA1 O-OR X INCL ! TSF00�11?34C5 EL DISEASE-POLICY LIMIT ',5 9Jo.C:41 AFw' EXCL .lL WEAiE•EA 2MPLOYEE 13 5001 c-0-0-11 �EscWPTtON of aP£FAna /LOcA-rIQ /vEwlmAwsP IAL nXW I U a l ..`. ' . . j SHOULD ANY Of THE AWVF DE.50U34V POLICIES SE CANCELLED DEPOM THE ! OIPMUnoN *7E THEREOF, TkIF M3UW0 COMPANY WELL ENDEAb9A TO MAIL t.'.ty Ct PacL Kut L.:1 ,fir DAYS WM72M No=TO THE I:ERTIFICATE MOLDER NAMED TO THE LEFT. ,non Thrccit rton BUT FAILURE TO YAIL SUCK NOTICE SNAIL 191POSE NO OGUO&TION JR UA9LM Fort fC_tn, lx -1102 OF ANY JCWD UPON THE COMPANY. 175 MMM OR WRMNTATM i AUTHQW=Rff'ffl NTATW roalN ^'t1CIO:R "GENERAL NOTES" ' 1. All channelizing devices shall be in accordance with the current edition of the Texas Manual on Uniform Traffic Control Devices. 2. All Traffic Control Devices shall have working visible warning lights as required in accordance with the current edition of TMUTCD. 3. For Temporary Situations, when it is not feasible to remove and restore pavement markings, channefization must be made dominant by using a very close device spacing. This is especially important in locations of conflicting information, such as where traffic is directed over a double yellow centerline. In such locations, channelizing device spacing of 10 feet is required. 4. For Long Term Stationary work, all conflicting pavement markings must be removed and centerline striping provided where two way traffic is in adjacent lanes. 5. Contractor shall provide sidewalk closure, crosswalk closure and/or walkway bypass wherever pedestrian movements are affected by construction activities. All sidewalks and crosswalks shall be accessible when contractor is not working unless otherwise approved by the City Traffic Engineer. I 6. The use of trailer mounted ARROW DISPLAYS may be required on all lane closures. The contractor shall provide one (1) stand-by unit in good working condition at the job site, ready for use, if his operation requires 24-hour a day closure set-ups and if required. 7. City Traffic Engineer and/or Inspectors may require additional traffic control devices. TYPICAL TRANSITION LENGTHS AND SUGGESTED MAXIMUM SPACING OF DEVICES Minimum Desirable Taper Suggested Maximum Device Suggested Sign Lengths L Feet Spacing S acin Feet Posted 10, 11' 12' On a Taper On a Tangent Speed Formula' Lane Lane Lane (Feet) (Feet) X MPH Offset Offset Offset Dimension 30 150 I 165 I 180 30 60-75 I 120 i I 35L_WSz 205 225 I 245 35 70-90 160 60 ! 40 Zo5 295 320 40 80-100 + 240 I ' 45 450 495 540 45 + 90-110 320 L=WS I i 50 500 550 600 I 50 100-125 400 'L=Taper length in feet W=Width of offset in feet S= Posted speed Note: Buffer Zone will be 25 feet (maximum). LEGEND O O Channelizing devices I Trailer mounted � arrow display 17 0 Flagger 1V ��Ei\:,E)E RP ( � Barricade .a. Ist ROAD WORK END AHEAD X ROAD WORK i ► X ONE LANE>—�, I ROAD ° AHEAD ° I Flagger ° ° v � ° ; C W ! ► O If 1 ° ° WW ° W Z ► m° g�ol ►o \ o ► i o ► � o o _ ' 2 Flaggers required whenever i opposing traffic required o w Flagger Required On I• to use same lane. o L.L Collector/Residential 4 o I C) Streets.Additional Flaggers I o May Be Required Depending On Flaggers shall be in constant i 'Field Conditions. I radio contact. ► (�'� No congregrating around flagger stations. ONE LANE ROAD Flagger stations must be " AHEAD lighted at night. ROAD y WORK END AHEAD ROAD WORK \\ ► I This plan is submitted for TCFI. I_certify this plan will be used for the following location(s): 6 f 1► and that all channelizing de Ices ill conform to "General Notes" as shown on the back. Signature: _ Date: --5/ 7 'zD'acm EECGQD CITY OF FORT WORTH TYPICAL TWO WAY STREET s °^ �r LANE CLOSURE TRANSPORTATION AND Note: PUBLIC WORKS ----See-everse-sideiaLGBaeraLNDtes_anCLDe jce_spaciog— PLAN ����� FORT WORTH CITY OF FORT WORTH TEMPORARY STREET USE REQUEST FORM Only those temporary street closings not interfering with necessary traffic circulation 1'I?a„.v z4 ��and lice a fire emergency vehicle routes shall be perm itte le a " ^ !'/j 711&) AGENCY REQUESTING CLOSING DATE t' i 300 $l we 5"ayy Lt 0O.'j- lo-doe(-634(i 2 -3 3Y-3to RESPONSIBLE OFFICI ADDRESS PHONE FAX CHECK ALL THAT APPLY: REASON FOR STREET USE �� P L 0-C r- Sip f" ❑ SIDEWALK 'k"O w . _CS Q.w %S LOADING ZONE ❑ PARKING LANE LIST NUMBER OF TRAVEL LANES TO BE USED, FULL STREET CLOSURE 1ST STREET/L^NE TO BE CLOSED (LIMITS) FROM TO (BEGIN&END) DATE AND TIME OF CLOSURE m k`` -D1 ,3-;4- Ir �� ✓�. 2ND STREET/LANE TO BE CLOSED (LIMITS) FROM TO (BEGIN&END) DATE AND TIME 6F CLOSURE CLOSURE TIME COMMENTS: (3) BUSINESS DAYS LEAD TIME MUST BE PROVIDED IN ORDER TO REVIEW AND APPROVE THE TRAFFIC CONTROL PLAN AND PROCESS PERMIT • AN APPROVED TRAFFIC CONTROL PLAN SHALL BE SUBMITTED PRIOR TO ISSUANCE OF A PERMIT • MUST PROVIDE A CERTIFICATE OF INSURANCE NAMING THE CITY OF FORT WORTH AS AN ADDITIONAL INSURED IN THE AMOUNT OF ($1,000,000 GENERAL LIABILITY AND $1,000,000 FOR ANY AUTO) TRANSPORTATION AND PUBLIC WORKS DEPARTME STREET MANAGEMENT SECTION ������Nlt� ,E�J�°�© 311 W. 10 STREET ����r�"r'�'6`�lG�l� FORT WORTH, TX 76102 K f,, U� (817) 871-6673 FAX (817) 871-8941 Revised 1/2001 Page: 1 Document Name: untitled E108 CITY OF FORT WORTH LAST-ACTIVITY: 05 10 01 DEVELOPMENT DEPARTMENT ISSUE-DATE: 05 10 01 BWD STREET ENCROACHMENT PERMIT START-DATE: 05 09 01 EXPIR-DATE: 05 23 01 PERMIT-NO: C 01128 900 02 EXTEND-PERMIT: N APPLICANT: MAX EUBANK ROOFING CO. USE: XA SQFT-STREET: 255 SQFT-SIDEWALK: DURATION: 15 PERMIT-FEE: $120 . 00 EXTENSION: 000 DAYS EXT-FEE : $0 . 00 STATUS: A TYPE OF ENCROACHMENT: DUMPSTER FOR ROOF WORK THE APPLICANT NAMED ABOVE IS HEREBY GRANTED PERMISSION TO OBSTRUCT A CERTAIN PORTION OF THE STREET AND/OR SIDEWALK, AT: 00611 DIR: STR: THROCKMORTON TYPE: ST SUF: MLT: 000 ADDITION: FT WORTH ORGINAL TOWN BLOCK: 42 LOT: NONE MLT: 000 SAID PORTION OF STREET AND/OR SIDEWALK IS ALLOWED FOR THE APPLICANTS USE TO BE : MISCELLANEOUS THIS PERMIT IS GRANTED ON CONDITION THAT THE APPLICANT WILL COMPLY WITH ALL ORDINANCES GOVERNING SAME, AND THAT HE WILL PROVIDE TEMPORARY SIDEWALKS FOR THE PEDESTRIANS USE, IF REQUIRED BY BUILDING OFFICIAL, AND THAT THIS PERMIT WILL BE NULL AND VOID FOR ANY VIOLATION OF THE CITY ORDINANCE . COMMENT: B0112302700 TO INITIATE A PERMIT TYPE "INT" AND PRESS "ENTER" PF: 1 HELP 2 PRINT 7 BWD 8 FWD 12 MENU OPER: D96 TERM: SV16 RD Date: 05/10/2001 Time: 3 : 52 : 10 PM R05-,