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HomeMy WebLinkAboutContract 34380 CITY SECRETARY CONTRACT NO. R i CONSENT AGREEMENT 1 FOR TEMPORARY USE OF PUBLIC PROPERTY 1 STATE OF TEXAS i COUNTY OF TARRANT t THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a t municipal corporation of Tarrant County,Texas,acting herein by and through its duly authorized Building Official,hereinafter referred to as the"City"an4 Acting by and through its duly authorized agent; _ Hereinafter referred to as"Grantee". 1 i 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: 0 lU 7 7—w&7 /✓D 2?h'�5-&•v lw O-5—e a/G 4A� 'Tr d S�T2GG?^`AG A-' 4 171AI•� $�'/iGG.� �✓�®' /�l�C�/ 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. Z. All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under j I this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City and in accordance with the directions of the wilding Official and the Director of Transportation and Public Works of City. I i t f CONSENT AC,HEEMENTfor Temporary use of pubic propeAyl doe ; I F?F1 f ��' ➢ rt,e i i k i" 3. i i Upon expiration of this agreement and the privileges granted hereunder, there shall be no s i encroachment by Grantee in,under,on or above the surface of the public rights-of--way involved. k (t 4. f i Grantee agrees to pay in advance an encroachment fee for the temporary privilege of i 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: ! l6�o ©3 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or 4 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. ti The term of this agreement shall be j _dayt,from �0" 7/�� to Provided, however, should the need for the encroachments granted hereunder at any time cease, J Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by ! the BuildingOfficial of the City of Fort Worth,this a h' greement she!!terminate. 7. i 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 I 2 CONSENT AGREEMENTror Temporary use of puEpc propenyf.doc i j I i I 1 "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. I i E 8. r City, through its duly authorized representatives, shall have the full and unrestricted right to 4 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 i Building Official for the protection of public health or safety,City may terminate and cancel this agreement. f 9. Upon expiration or termination of this agreement for any reason whatsoever,Grantee shall,at j 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 detennined 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 f 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 Cit y 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 j removal or restoration. Grantee shall reimburse City for the cost and expense of such removal and/or repairs immediately following billing for sarne by City. 3 CONSENT AGREEMENTW Temporary uea of pudic prop"i doe i 1 t t Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed a 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. f 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 ! i Legislature; and the City cannot contract away its duty and its legislative power to control the I streets for the use and benefit of the public. It is accordingly agreed that if the governing body of f 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 i of the streets,then this agreement shall be automatically canceled and terminated. i 11. j Grantee agrees to comply filly 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 focal statue, law or regulation. i 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 i 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 r 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 shalt be construed as creating a partnership or joint enterprise between City and Grantee. 4 CONSENT AGREEWNTfor Tumpmory use of pudic proparty7.doc Y Ci V H L�'•. r"^ 'tl'l l i 'i j E r {t { 1 i r 14. i GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, 1 i 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 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 CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND r 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, t SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENNEES, INVITEES OR TRESPASSERS. r r 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 r 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 l 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'% 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 i r 5 CONSENT AGREE}AENTfor Temporary use of poW poperly &. r. i r i r i of the City of Fort Worth, A xfpy of suoh Certi:icaus of h>suaraatce is attatcitc:d as Exhibit"A'. C.rrantee agrees m sulmnit a similar Certificate of Lmuranco annually to City cut the anniversary t date of'the execration of this agteement. Grantee, agreos,binds and obligates itself, it suruessors and assigns,to maaintai►t and keep is 1 force such public lisbiiity iatsuraw;e at ail times during the Wrla of this agreetrtent and mitii the � r-eanoval of all encroacirawnts and the cleaning and rest:oraa6on of the city streets. All insurance coveratgv required herein sleait include coverage of all Grunta s's cxurbucrAirs. 16. Graintro a:over►ots anJ ag tint it will acrt assign all or any of its rigilts,privileges at duties � under this etaniract without prior written approval of City, and any notetrapted awignnwnt withont such prior written approval r hAll lss void. f t 17. 9 This ogre tttesttt shall be.bleating ttlron the fiat rat hrxvtct,their sucoessaxs and assism. 4 t8. Should iany action, whether teat or assatted, at law or irk equity, wise out of the tours and conditions of this agreertrent or out of tite use and aax:upaatcy of t;ity property as Permitted hereunder, venne fcsr sand action shall be,in Tarrant County,Texas_ 19. In tiny aetion brought by City for the enfixoxnertt of the obligastiom ref'Orantee,City shalt be eadtled to ra cover interest aerial reauortahla3 attorneys free. pXI±.C:t3'iED t€ti:i0e day of___.i6 43RA. I'OR: GRANT° & GITY OF PO 1 W(-)Ft rp. /� i? gilding Official P ntu- ccnaa�ar ti�:trttisr'rr+wsaarsr ur nr pig:aonerq�,ex 77 n 7�y c�! ' APPR D TO RM AND LEGALITY: Assistant Cify Atto—mey Date Lvv Kbcs City Secretary Date Uv CONSENT AGREEMENTfor TemMory use of pubk propenyl,aoc j i I I f l F i ( i +ti STATE OF TEXAS f COUNT'OF TARRANT i i. j 4 BEFORE ME, the undersigned authority,a Notary Public in and For the State of Texas,on this day personally appeared CZL<./i1/ f �T�/�lG�/V��;1 ,known tome to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same for the ur oses a d consideration therein s expressed, as the act and deed of �TAdz j and in the capacity therein stated 1 s ff.N UNDER MY HAND SEAL OF OFFICE this day Of 20� t t I I i Affiant Title JA ;V t Public in and or The State of Texas Y reii R. G. NAREZ o ; Notary Public,state of Texas My Commission Expires September 10, 2009 ; 1 iL , i i c]TA TlS CJ'If'" d J.'W4 S COUNTY 01' 'DI RRANT t BEFORF 1k- , the undersigned authority,a NotraryyPubl�dp �_ For the State pf,Texas, on this day personal4v appeared b�LGr ,known tome to be.the person whose name is subscribed to the foregoing instrument., and ackaosviedged to the that he/she executed the same for the purposes and consideration therein expressed, as the act and deed o f._ _ and in the capacity therein stated VEN DER MV MANDAYD SEAL 4FOFFFCE thi, ___t%�___ flay of Afflani Title / Notary Public in and for The State of Texas SUSANA R.KELLUM ' NOTARY PUBLIC STATE OF TEXAS ; a CONYISSIOM EXPIRES: 00 OCTOBER 15,2008 9 Contractors Name: )e- �C Point of Contacts Phone Number: >7- Building Permit Nmnber. O Purpose for 6/Mp S Begin Date: 1 And Date. r i 0 Type of Taper according to posted speed limit: ! Tapers @ 30 MPH 10ft Offset 30ft minimum ! -�'' Tapers(cry 35 MPH 10ft Ofifaet 35ft minimm ! a.AJ t takep+, Tapers 8 40 MPH loft Offset 40ft mi lin= I) i 3 A00 iPORARY OCCUPANCY 0E PUBLIC PROPERTY RT R. LE _. ORE THAN 3 DAYS SIDEWALK FEE- 11 SQFT• X X DAYS �. r�S STREET FEE- u sQFT. X 03 X �u To or A Llai i�til.�i' LAL fF Ujt Uqj2 AN INSPECTION AFTER 11t ATE BAAR OR�� I PLA,C L _.`"GENERAL NOTES" - - --- � 1. All channelizing devices shall be in accordance with the current edition o"the Texas Manual I on Uniform Traffic Control Devices. i 2. All Traffic Control Devicas shall have work ng visible warning lights as required irr, accordance with the current edition of TMUTCD. 1 3. For Temoorary§ituatlons, when it is not feasible to remove and restore pavement i manongs, channelization crust be made dominant by using a very close device spacing. This is eapeaia?Iy important in locations of conflicting information, such as where tragic is i directed over a double yellow centerline. In such locations, channelizing device spacing of to fast is required. 1 i 4. For Lorig Term�Statlonary work., all conflicting pavement markings must be removed and ceritarlins striping provided where two way traffic is in adacent lanes. i 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. 6- The use of trailer mounted ARROW DISPLAYS maybe 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-raps 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 Mr+nimum Desirable Taper Suggested Maxknum Device/ sug� gesew Sign Len,the fit Feet Spacing ( S acin Feet_! . Pasted 90'� 11' 12, On a Taper On a Tangent .fie j Speed Formula" Lane Lane Lane (Feet) (Feet) Dimension MPH i _ Of et 0ftl of offset T 30 Y 150 165 ISO 30 50-75 120 35 L=W87 205 225 245 35 70-90 160 50 40 26S ~295 320 40 80-100 240 45 454 i 495 540 45 so-110 320 50 LAWS Soo 651) 600 50 100-125 400 'L-'raper length in feet W=Widih of offset in reel 8m Posted speed i Note: Buffer Zone will be 25 feet(maximum). LEGEND � a Chanarruiny7 devices Trailer mauled 8rr01Y display na89er i ill Barricada ..�- I 1� f I f EAC F,=Wltn I 0 Avow NAPO !r P-EKO INIT � N � n t8 40 WH OR =ATER In -1 , !� ,ten rn t,aNE eJ t�E CL � o � r o g f RO[+R � S-A >I ! AF;EpD /R'�.AO ! ~ f This plan u submitted for TCP. I certify thin plan Nlli be used for the fol:tr,g Iocat,ur.(s): j i L LO bnd `hat all channeliZing devices will confcrm to 'General Notes`as shcwn on the book, f S.C�ndture: Dale GIZY 0r ruRT WORTH ONE WAY MULTIPLE LANE ST cEE +RAN$f QRTRTION ONE LEFT LANE CLOSURE ^PIO Nnta: ----I ---- - ---, �___ PUBLIC WORKS yes revers' side for General Notes and Device Spactr,g �'! ��� ':41 t' ASPNFAX 7/6/2006 12 : 15 PAGE UU4/UUs raX- ACORD,,, CERTIFICATE OF LIABILITY INSURANCE A-E(MMC 7/5/2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE '777 Main Street, suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort worth Tx 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (817) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE_ 1 NAIC# INSURED i -S'; -AA TravelerB lade- nit Co. of CT 1 25682 KKK Group, i'_d. N'S'JRc�3 Texae 1, --1 -n—arar:ce Co. 22945 1201 E. Znd StreetN'SJF=FO _-. --.------ _---Fort Worth worth TX 761C2 NS", _- --__ N'S_'R = COVERAGES THE POLICIES OF INSURANCE LISTED BELOW..HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 7�F'OL CY DER-CD v.D'CA-ED NOT'Al'.THSTAN DING ANY REOUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \N-4 RESPECT TO A':H,CH'-H.S CER')FIC4TE l,1AY BE ISSJED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO-.LL THE--R-AS,EYCLUSIONS.AND CCNDITIOIJS OF SUC� POLICIES.AGGREGATE LIMITS SH01NN MAY HAVE BEEN REDUCED BY PAID CLAIMS I'NSR,ADC' POLICYE FFECT!VF POIJCY EXP1nAT!ON' I I PDUCY NJMBER vvi - :rn YY, �I MiTS GENERAL UABIUTY H _'^✓9c N___ L _1 DOG ODO A X AA_US31_Tv ;66075502741-TCT-06 4/3D/2006 4/30/20Ci MI �e,�e', r ;00,D00 X -5,000 =N', 4„=i='�'•-__M 1. .- _YJ =hJ- S Z.JD'J,JOD X - A'JTOMOBi'_E JABIL'TY -- - - A 4l30'20-5 GARAGE'JAB:U7'Y AN'A._-O EXC Ess OM BRE..A CAs:J'Y - - - 2,C.:;',CDO h X --- 'A,.'V,A .SMC✓rLJ49Yic2- C-06 4r .C/20116 „3D;2:., ------"---.._ 2,)SC SDO j X EN S it,00c B WORKERS COMPENSATION AND TSF:.JDi iE16E8 9/30/2C05 9/3Ci 2D::6 _ Xv-j N" ✓ -.. A..EMPLOYERS UAB:LITV _ V� o NS:, ;w Vs OD0,0DD CTHER -- Leased;Ze;ted EcT,�ipaent A Eai_avent F:oater 6 4i'_='!2,) CESCR F70N OR CFEFA-IONS LO.ATIONS vEH',CLES EXC_USICNS ADDED BY ENDORSEMEV- _.-. =Y DF FJR^ WO.RT.. _TS ., _ _ FPS, LS2:,OYr'ES AND Si:RV.kNTS F_:.: AL- 2CL_C_ES EXCEPT WCRKERS' CO!--FNSP.TICN A.S RE Q'J'i'Z:J BY WRITTEN AOZE! ti CERTIFICATE HOLDER CANCELLATION SHO'J_D ANY OFTHE ABCVE DESCRIBED PO J;.'ES=E BEFGRET'AE EXPIRATION DA7FTHEREO=_`H2 SS'J'N:'NS„REF Y:ILL ENDEAVC9'TO V-AII 30 DAYS YJRiIiEN CITY CF FORT WDR7:A, TJCAS AT'TN MFRi I-. !-iLOHES NGi :E . THE CEF7, _.-_, ,,__EF NAME..-0'rE _EF"c VT FA!LJF�TC�C SC SHALL _0J0 7lrER0cy,4c TcN S-,;EEFT V-DSL NO BLGL'ICV _n _�.-_,._`v 7-1E �NS'.. E9. S AGEN'S OR FFPRESEN'7471V_S_ FGa.T WORTH TX 76_D2 A U ED FE PF.FSE!.(-L^4'E ACORD 25(2001 08) ACORD CORPORATION 1983 ASFNtAX r i of [.vw l4 , I r y IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder. rcr does it affirmatively or negatively amend, extend or alter the coverage afforded by the po:icies listed thereon ACORD 25(2001'OB) FORT WORTH STREET ENCROACHMENT PERMIT Permit #: PC06-00036 Status: ISSUED Date Issued: 12/04/2006 Address; 110 W 7TH ST Expiration Date: 12/01/2006 Addition: FORT WORTH ORIGINAL TOWN Insp: 01 MAPSCO: 77A Block/Lot: 108/1 - 4 Legal Desc:FORT WORTH ORIGNAL TOWN LOT 1-4 BLOCK 108 APPLICANT KHK GROUP LTD. 76102 OWNER NA//FW BAKER BUILDING LP 201 MAIN ST SUITE 1960 FORT WORTH TX 76102 Contractor TEST License #: x License #: Type of Encroachment: LANE CLOSURE FOR DUMPSTER work Start Date: Permit Extention: N No. Days Exteded: 0 Fee Calculation 3 Days or Less = $0.00 Total Permit Fee. . . . . . . $0.00 Payments. . . . . . . . . . . . . . . .00 The applicant named above is hereby granted permission to obstruct a certain portion of the street and/or sidewalk. 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. APPLICANT MUST CALL FOR AND RECEIVE AN INSPECTION AFTER ALL APPROPRIATE BARRIERS ARE IN PLACE TO SCHEDULE INSPECTIONS CALL (817)392-2222 DEPARTMENT OF DEVELOPMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON ST * Fort Worth Texas 76102 (817)392-2222 * FAX (817)392-8116