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HomeMy WebLinkAboutContract 33864 CITY SECRETARY 'OONTRACT NO. 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,hereinafter referred to as the"City"and H e C—, Qec.k L+d Pao Acting by and through its duly authorized agent, N neck L-W , 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: Pet^ pt'l1oLllrr+d��` \A' ajoy4 � NorjI , Sade- o`� &ilatrc- brlI,�� Norte `6r, f. � `60 Aelialke 1rTheU rover/.t+Y � e ct&,Jin� "wevs 4b near 41y- `hrs+ Asya+e— 01r- The location and description of said encroachment is more particularly described in Exhibit `B" j 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. 70 CONSENT AGREEMENTfor Temporary usa of pub(c property1.dx t � EEE f i ? E 3, I Upon expiration of this agreement and the privileges granted hereunder, there shall be no i 1 encroachment by Grantee in, under,on or above the surface of the public rights-of-way involved. I � 4. I ! Grantee agrees to pay in advance an encroacliment fee for the temporary privilege of i 1 i ? encroaching upon a portion of the public rights-of-way as described in Exhibit"B". Said fee is i calculated in the manner and amounts prescribed by the Building Code of the City of Port Worth i for temporary use or occupancy of public property. The estimated total amount of said fee is: f C rv+er,� r 'Or G��Cur'Goir i (I� `(SND s x r Grantee, at no expense to City, shall make proper provision for the relocation and/or f I instaiiatiuo of any existing or future traffic control devises or other improvements affected by f 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, i reinstallation, relocation or repair of any existing or Future traffic control device or improvement f 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. ! i 6. pp / The term of this agreement shall be for, Z 13 days,from G/I �� to '/2&7 , f Provided, however, should the need for the encroachments granted hereunder at any time cease, i Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by i i the Building Official of the City of Fort Worth,this agreement shall terminate. t i 7. It is expressly understood and agreed that this Consent Agreement is for a temporary ? F encroachment in, under, over and upon the public property as located and described in Exhibit M.Wz) r�n 1 ,� i r 2 f��7qp ;v`h G• � CONSENT AGRE.EMFUTiorTempo(ary use ofpublic prop .doSIR r.'+'' Ut�JuI Y u r`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. ` I i 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(I)year after the termination of this Consent Agreement, Grantec 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 i such removal or restoration, the City shall have the right to remove or dispose of any barricades, i 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. 9 CONSENT AGREEMENTfor Temporary use of public pr 1 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 1 streets for the use and benefit of the public. It is accordingly agreed that if the governing body of s City, to wit, its City Council, shall at any time during the tern 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 I subcontractors,and nothing herein shall be construed as creating a partnership or joint ente _._ �_ -r- between City and Grantee. vvi I1 4 CONSENT AGREEMENTforTempora ryuse of pubric prapert/1.dccG1�J-L JLu�:e ' ,M.-�.e.,. .. i � 1 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY ft INDEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR � I 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 ENCROACHMENT AND r USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WHOLE. OR PART, i BY ALLEGED NEGLIGENCE OF OFFICE+'RS, AGENTS, SERVANTS, EMPLOYEES, ! CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, � s ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND r RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR i DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH I ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, € SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES, INVITEES OR TRESPASSERS. E 15. i t Grantee agrees to furnish City with a Certificate of hisurance, 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: j E I Property damage,per occurrence $100,000.00 s Bodily injury,per person $250,000.00 Bodily injury or death, per occurrence 5500,000.00 With the understanding of and agreement by Grantee that such insurance amounts shall be revised i upward at City's option and that Grantee shall so revise such amount immediately following i 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 I 5 r CONSENT AGREDAENTfor Temporary use of pudic propertyl.doc i i I I t t i i 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. G 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 i ? removal of all encroachments and the cleaning and restoration of the city streets. All insurance j coverage required herein shall include coverage of all Grantee's contractors. l 4 16. I 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. i ! i 1 17. This agreement shall be binding upon the parties hereto, their successors and assigns. f , 18. Should any action, whether real or asserted, at law or in equity, arise out of the terms and l 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. r F,XF.,CUTED this/6/k/day of4kn& �9A5.ZG�(o f I GRANTOR: GRA E: I CITY OF FORT WORTH �- � 3 Buildirlj Officia t Title CONSENT AGREEMENTfor Tempamy use of public 0 140c Y If{ � 1 1 { APP>ROV/VPTO RM AND LEGALITY: Assistant City Attorney Date City Secretary bate NO M&C Rl"QUIRED it 7 CONSENT AGREEIVEWTfcr Temporary use of rubft propeilyl.doc 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 O-VAffff KI Ib1. A nzI ,zamxl ,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 f51QQy?XJC L S729tWT Fes! ; T and in the capacity therein stated. GIVEN UNDER MYHAND ND SEAL OF OFFICE this 02 day Of (�L(�iCls% , 20 . Affi nt 14551-. Title Notary Public in andfclvj The State of Texas ��o��aYPpe��y R. G. NAREZ Notary Public,State of Texas My Commission Expires SeP lember 10, 2009 8 I } c STATE OF TEXAS COUNTY OF TARRANT f I BEFORE ME, the undersigned authority,a Notary Public in and f i For the State of Texas, on this day personally appeared CAUL 141&&1A15- ,known to me to be the person whose i 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 and in the capacity therein stated I GIVEN UNDER MY HAND AND SEAL OF OFFICE this1 v' T day Of 7 u�Kt_ , 204-0— I Affiant rMQIl&&ng Title F ���- S• RsGCo�-Q.Qy � } , - otary Public in and for rAv pia he State of Texas [ Conn ! r1ale �. w " fVatary Pubf, aXas My COMM Ex ,,„4M I } s ! f q I � f S f 3 3 ..tea.. Contractors Name: Acl::k Point of Contac,: rr Phone Number: 8i-7— Building Permit Number: Purpose for Closure:-76L) �o Begin Date: End Date. S d i ( � 2 L �-� 7. Type of Taper according to posted speed limit: e pedestrian WarningSigns Tapers 30 MPH IOft Offset 9 on each side Of t 30ft minimum the barricade at corners occupied by barricades. Tapers @ 35 MPH 10ft Offset 35ft minimum The signs shall read as follows: Tapers @ 40 MPH 1Oft Offset 40ft minimum WARNING Pedestrians are required by law to use the opposite side of the street. WARNING a MA No Parking or Standing of Vehicle ' � PC'Tr�. Ave., . 2 c° Sldew� it� Si�EwAI.K ENG2oaCrl nJT A �` a&q X )D-=2(oyD SyF� STQEET ENLEoACHfAk:-,,jT— a ® go A I o : 1g0a sjrj- r � �a:�e 1 SC S P L BVI ORETH AN 3 I ,*"S dip&VALK FEE- ab'-/D S SFT. X,015 X AYS __... STREET FEE- SQFT. X,0.3 X -21 :R )AYS � TOTAL Io` A.PPLICA. ST It CHVE AN INSPEC:TIOP? Ar-TFR. ALL �: Un�uzrs�+y Q� ivy APPI:OPRIATE RARRIt R c e,0&;T1IUCTI0NS pgjz ,,iNPLACE. z .>I . W Z J r W�y 0: U1 306 il3i•110 35f1 03SO I SIDEWALK CLOSED SIDEWALK LLOSEO USE OTHER 90E Qr►vc, c� 1 a ROAD ' xoRK AHEAD 1 This plan is submitted for TCP. I certify this plan will be used for the following location(s): 0 N c0 — oand that all channelizing devices will conform to "General Notes" as shown on the back. Signature � _ ��� Date -3 e Cc, 0 CITY OFFORT WORTH SIDEWALK CLOSURE DETOUR TRANSPORTATION ' AND Note: PUBLIC WORKS ee reverse side for General Notes and Device Spacing. PLAN lip—III iP-1 Io N N ,p 13 300 kUSd3AINn,'S 0NnooHinDS 3inM M3N130 to r I J _ Z W � , o W z,Q Z Y 4 m N O L O Z O H o� � as _ z a o 31VO ,OZ \, W gW W G w m z W U W U Z li p Z Z W O O W W Y Z w w Y w 3 O W O N Z j � W N S Z J O m W I W N� 1�CP w 31VO ,OZ U CD y �W F U, 3AV S839M z r U O W W Z i ZO / O r i Lim wl� Od'yO W dl� H �T UU H ? NCO C11- C1 J NiQ_J Jm C � m 2 � XU WIC I Attachment `B' - Calculations SIDEWALK Length Width Total Area 264' 10' 2640 SF Start Finish Total Duration August 1, 2006 March 2, 2007 213 days Fee Calculation 2640 SF x 213 days x$.015/SF-day = $8,434.80 STREET Length Width Total Area 180 10' 1800 SF Start Finish Total Duration August 1, 2006 March 2, 2007 213 days Fee Calculation 1800 SF x 213 days x$.03/SF-day = $11,502.00 GRAND TOTAL $19,936.80 Certificate of Insurance This certif�cate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate neither affirmatively amends, extends or alters the coverage afforded by the policies listed below. COMPANIES AFFORDING COVERAGES NAME AND ADDRESS OF INSURED COMPANY A ZURICH AMERICAN INS.CO. LETTER HCBeck,Ltd. COMPANY B RSUI INDEMNITY CO.. 1807 Ross Ave.,Suite 500 LETTER Dallas,Texas 75201-4619 COMPANY C STEADFAST INS CO. LETTER NAME AND ADDRESS COMPANY D AMERICAN GUARANTEE&LIABILITY INS.CO. OF AGENCY Aon Risk Services of Texas, Inc. LETTER 2711 North Haskell Avenue, Suite 800 COMPANY E Dallas, Texas 75204 LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY LIMITS OF LIABILITY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY TERM 1/ Bodily Injury and PropeRy Damage Combined Single Limit GENERAL LIABILITY ® COMMERCIAL GENERAL GL03994480-02 7-1-06 General Aggregate* $2,000,000 LIABILITY to Personal Injury $1,000,000 A 7-1-07 Each Occurrence $1,000,000 ® OCCURRENCE Products/Co Aggregate $2,000,000 Fire Damage Liability $300,000 `Per Project 'Per Location AUTOMOBILE LIABILITY D ® COMPREHENSIVE FORM BAP2989193-06 7-1-06 to 7-1-07 Bodily Injury and ® OWNED Property Damage $1,000,000 ® HIRED Combined ® NON-OWNED Single Limit EXCESS LIABILITY B ® UMBRELLA FORM NHN216779 7-1-06 to 7-1-07 Bodily Injury and Property Damage $2,000,000 Combined Single Limit PROFESSIONAL EOC3807942-02 7-1-08 Each Claim $ C LIABILITY to Aggregate 7-1-07 $ WORKERS' WC2989189-06 7-1-06 to 7-1-07 Statutory:All states except Monopolistic Fund State A COMPENSATION Employer's Liability for all states AND Bodily Injury by Accident $1,000,000 Each Accident EMPLOYERS'LIABILITY Bodily Injury by Disease $1,000,000 Each Policy Limit Bodily Injury by Disease $1,000,000 Each Employee DESCRIPTION OF OPERATIONS/LOCATIONS TO WHICH THIS CERTIFICATE APPLIES. Certificate provided as proof of insurance as required for issuance of permits and licensing for construction work performed by HCBeck in the City of Fort Worth, Texas. City of Fort Worth, Texas is recognized as an additional insured. Cancellation: Should any of the above describe policies be cancelled or materially changed prior to the expiration date thereof,30 days prior written notice will be mailed to the below named certificate holder,except for 10 days'written notice for non-payment of premium. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED: July 31,2006 sf City Fort Worth 4"7 '"a Department of Development (A) 1000 Throckmorton. AUTHORIZE REPRESENTATIVE Fort Worth,TX 76102 A