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HomeMy WebLinkAboutContract 30403 _ CITY SECRETARY ,�,� _ - CONTRACT NO. D( r�6 CONSENT A G e ET N_Y FOR TES®RY USE OF PUBLIC PROPER T Y STATE OF TEAS COUNTY uF T_ARR T 1= AGRMCH yT is nade and entered "oto by and beiween z LofFart Warth, a municipal corporation of Tzriant Covnt�,- - --- T e a�rn�herebytn&tbrou_h-its�y-au-thorized-DuEdinL Official, herinaf er referred to as the "City'"' 2n(j Sanguinet Building L-P_ . and Sundance Square Management Co. , 201 Main Street, Suite 700, Fort WorffT7 Texas, 76102 acting by and through its duly authorized Randy L. Morgan herein±="r referred to as "Grantee". W TNES. SBTTT: 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 con L-1 ed, 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, side walLs or other public rights-of-way as follows.. Two parking spaces on the west side of the Sanguinet Building, L.P. (a.k.a- Bank One Building) at 420 Throckmdrton Street, Fort Worth Texas � yIR :, 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 publicrights-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 strsace 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 Exc ibit `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 Seven Hundred Eighty-One Dollars and Forty- Four Cents ($781.44) 8'X22'=X72 Sq. Ft. Sq. Ft. I $X.03 Daily Rate/Sq. Ft. X 74 Days $781.44 y ti i 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, inciuding 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 fature traffic control device or improvement owned or constructed by or on behalf of the public or at public expense is made l 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. . a The term of this agreement shall be for 74 days, from 9/6/04 I to 11/19/04 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 tem2inate. I 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. ights-of- -- -- 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 tem- s, 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 „ 7 L �.. specifications, and Grantee shall remove all barricades, equipment, � 1' ' --�'T'� supplies, materials or other property from said location. Grantee fiu Cher -- - 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 mangier 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. 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 O 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 th.e city streets, alleys, sidewalks and other public rights-of- way, including the portions of such streets used and encroache&u o_n as described herein, as Estee 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 publid purpose the said encroached portion of the.streets, then this agreement shallbe 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 statute, 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 per-forming same; and sha3.l 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 bewreen 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. TO INDEMN-D- AND DOES HEREBY INDEMNEFY, HOLD HAR1VMESS AND DEPEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EN2 LOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAE INJURY, IgCJLUDI NG DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER STD OR CHARACTE14 TIER REAL OR L ASSERTED, ARISING OUT OF OR Uq CONNECTION `a=, DIRECTLY OR ENDFRECTEY,THE TMAIIN'E ANCE, OCCLTANCY, USE, E, IENCE OPS L®CAITON Off' SAID ENCROAC NT AND USES GRAFTED HEREUNDER, SN=THER OR NOT CAUSED, E'; WHOLE OR E�i PART, By ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EYOL®YEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR IN�71TEES OF Chi'; AND GRANTEE HEREBY ASSUIES ALL LIABUITY AND RESPONSIBILITY Y ®E Com, RTS OFFICERS, AGENTS, SERVE'S A.�'-D EMPLOYEES, FOR SUCH CLAIMS OR SUIT'S. GRANTEE S 1L L1��E��E ASSUME ALL 1L11A]B1LFFY ANI) RESPONSIBILITY AND SMk]LL BE Y CITY FOR ANY AID ALL INJURY OR DAMAGE TO CII' '. FROPERTY9 ARISING G OUT OF OR IN CONNECTION WITH ANY AND ALL ACT'S OR OINUSSIONS OF GRANTEE, ITS OFFICERS, .AGENTS, SERVA1T5, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, UMTEES OR TRESPASSERS. Grantee agrees to furnish City With a Certificate of hnsizance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insiirance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "B". k The mounts of such insurance shall be not less than the folloRrng: Property damage, per occurrence .$100,000 93 -w Bodily injury, per person $250,0.0`0. `. Bodily injury or death, per occurrence $5003000 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 folloGsing notice to grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (3 0) 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". Grantee agrees to submit a similar Certi-ficate 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 tinges uring the term of this agreement and T.h~�til tb�e removal of all enc,oa�l-���s--. and the cleaning and restoration of the city streets. All insurance coverage required hereLn 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 vvri—LLen approval-of City, and any attempted assignment without such prior written approval shall be void. 17.1 This agreement shall be binding upon the parties hereto, their �'����� y successors and assigns. s 't �.h`s�.T'^ti =ja�.... _ In wc___�.7 C, f.114y;.�fLka out C, Tnhe t1!.._``3 ^'3d L-;Q—n.-li,Lioz2s ot-, L_rY4 e use Jompancy of CI-ty property as pe f-'---d ht!r .:ur_C-zi, Va-1 fcr szld ?CtaIl .Ln azv_CzIE}i? brcn,cht Cv City for the ;�-mbrce xcrtt 0C^H-c"o is 0- G1 G__'-Lv7 C ji-a.h�1 C+4 v :._tl vd .o:awoa L1L:.TL v`�`J^dci`^ ➢L_1r. .a i� 3.� 4 , r EXE ED This17th L�y 0f August 2.004. f"-" TY GN 0P, WO T-TH SUNDANCE SQUARE MANAGEMENT CO. z2 R-ed, tib' i.3a . EL!f D?N31,33 Or ICLA-L Randy 5/Morgan -, - -� - ;, Construction Manager C J7 l=LE Contract Authorization Date n 6 o STATE OF TEXAS COVN-Tf- OF TAR-RANT BEFORE ME, the undersigned audiori�V, a No ary.Public in and For t O `ta�f TF=s, on this dxy personaLly appeared ;i-cyax.'\ ,known tome to be nlic person whose name is subscribed to the foregoing and acbxwle-fed to me' bat helshe ewecuted the same for the •rposes and consider azar there 1, ewpressed, as the act and deed of and in the capaci�V therein ata e� OF OFFICE rh�y aay o` 4f�ant title NoL,7 y PublE in and;or ipti►A� ANGELA ESTRADA he State of Te--:as i * Notary Pubik STATE OF TEXAS '4 ~14 Cam.UP.08/21/2007 i ice j t STATE OF TERAS COUNTY OF TARR,4NT BEFORE 3E, the undersigned arctkorwV, a Notary Public in and For the State of Texas, on this day persona.,Uy appeared Randy L. Morgan ,known to Preto be the person whose name is subscribed to the foregoing instrument, and acknowledged to rr:e that helshe executed the same for thepurposes and consideration therein expresse4 as the act and deed of Sundance Square Management Co. and in the capacLV therein stated VEN UNDER MYHAArD ANU SERE OF OFFICE i�i:s 1 G- day of August 04 Af,}-ant Construction Manager Title Pbe o w�''%,,, .� PpY PU ��1 �Q''oc Notary Public in and for The State of Texas OF ••'•. piREy.'h O .`. I 4 1 . 1 r_ L• ' •'� j Ci'tu a'7 fri Conti dors Name 4 T GO point of Contact -IR n phone N=b=: - ' Q pest Neer. — Bralam pT]r�10Se for Close: d Bei Dare_ Dd`Da Type of Taper accords to posted;speed limdr Taps @ 30 N'PH 1Qf.Caset Tapers @ 35?�IP^Lt I OfT Offset 35ft mourn Tabes @ 40 10H 10f Offset 40fr Wes . B MX.2 z '_ i 7G 5 I X .2 SPgGc,S r grki�J Me.fu- �{ 79? 3 cs'z 2 ' P ./y D, 'S� Pv,/C+n x 7,Y dq y; 91el0 4 v ppPl1Cfa#!=!! SARE W P s e e- iF",MPORARY OCCUPk4CY OF PUBLIC PROPERTY MORE THAN 3 DAYS - 3 DAYS OR LESS - _ A_CORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 08/16/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk services of Texas, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 301 Commerce street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR suite 2101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort worth TX 76102 COMPANIES AFFORDING COVERAGE COMPANY Zurich American Ins Co PHONE- (817) 810-4000 FAX- (817) 339-2019 A a C INSURED COMPANY c Sanquinet Building, L.P. B 201 Main Street, Suite 2700 COMPANY a Fort worth TX 76102 USA C i c COMPANY D COVERAGES 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MLvVDD/YY) Q A GENERAL LIABILITY cP0398152501 04/01/04 04/01/05 GENERAL AGGREGATE $2,000,000 C 7X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $2,000,000 C CLAIMS MADE FEOCCUR PERSONAL&ADV INJURY $1,000,000 C OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 n u FIRE DAMAGE(AnV one fire) $1,000,000 MED EXP(Any one person) $5,000 z a AUTOMOBILE LIABILITY a COMBINED SINGLE LIMIT ANY AUTO �= ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGAT EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WC STATU- nTH- WORKER'S COMPENSATION AND TORY LIMITS EMPLOYERS'LIABILITY EL EACH ACCIDENT THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE EL DISEASE-POLICY LIMIT OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE =J En_ DESCRIPTION OF OPERATIONS/LOCAT NSNEHI LES/SPECIAL ITEMS. . Temporary street encroachment rfor construction dumpster - 400 Block of Taylor street, Fort worth, Tx .ry City of Fort wroth, its officers and employees are included as additional insureds' with a waiver of subrogation* 49L where allowed by law. *As required by written contract, subject to policy exclusions and limitations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED_,P-]1JCIES-BE--eAnCEM-DITBEFORE THE City of Fort Worth EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVORTO MAIL 1000 Throckmorton 30 DAYS WRITTEN NOTICE TO THE CERTIFJGATE HOLDER,NAMED TO THE LEFT. Fort Worth TX 7612 USA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY �I OF ANY KIND UPON THE COM A NY -ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE i' ff tom: ACORD 25-S(1/95) ©ACORD CORPORATION 1988 I2 City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1 FORTWORTHCITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 8/17/2004 PERMIT #59167 MAPSCO 62Z D.O.E.# Building Permit# (if applicable) STREET BLOCK FROM TO DATE Mon. -Fri.Time TIME TIME BEGIN END BEGIN END SAT. SUN. 1,TAYLOR ST 400-500 W 3RD ST W 4TH ST 9/6/2004 11/19/2004 24HRS 24HRS 24HRS TYPE OF WORK TO BE PERFORMED: Other-Fee ATTACHED TRAFFIC CONTROL PLAN OK FOR DUMPSTER SETUP. THIS PERMIT IS GRANTED TO THE CONTRACTORIAPPL/CANT UNDER THE FOLLOWING CONDITIONS: • CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES. • THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. • ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH 'rHE 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. SUNDANCE SQUARE MANAGEMENT AARON LONG CONTRACTORIAPPLICANT CFW CONTACT EMERGENCY CONTACT NAME RANDAY MORGAN 24-HOUR 817/255-8744 MOBILE 817-390-8713 PGR# FAX#817/339-7139 PHONE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 I G� http://tpwpermit.cfumet.org/popup_pernit.asp?permit_id= 9167 OR/17/2(1f14 i i t i I t i F � 000 0 0 0 0 ! 1111 TYPE I o BARRICADE 11..1 RIGHT z LANE Q LLJ CLOSED (.J7 I I z X tr C ' z ` ROAD o 3 WORK w m AHEAD m OL Q z J CL. f 1 DUMPSTER IN DUMPSTER \INPARKING LANE TRAVEL LA N This plan is submitted for TCP. 1 certify this plan will be used for the foiling locate n(s):• t4 %/-oc ma r' 7O A �° f and that all cha elizing devices will conform to `General Notes' as shown on the back. LD C:) Signature: Date CITY OF FORT WORTH TYPICAL LAYOUT FOR DUMPSTER TRANSPORTATION AND Note: I PUBLIC WORKS See reverse side for General Notes and Device Spacing PLAN "310" aC Y I "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 itis not feasible to remove and restore pavement markings, channelization must be made dominant by using a very close device spaci�gig. 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. 6. The use of trailer mounted ARROW DISPL4YS'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 SPACENG OF DEVICES Minimum Desirable Taper Suggested Maximum Device Suggested Sign Lengths L Feet Sp2cing SpacingSpacing Feet Posted 10' 11' 12' On a Taper On a.Tangent Speed Formula` Lane Lane Lane (Feet) (Feet) �x MPH Offset Offset Offset Dimension 30 150 165 180 30 60-75 120 35 L=— 205 225 245 35 70-90 160 60 40 265 295 320 40 80-100 240 45 J 450 495 54.0 45 90-110 320 I 50 L=WS 500 550± 600 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 p channelizing devices Trailer mounted arrow display Blagger Barricade »J9n c•e ��u Contac:ors Nie: T' Go Bm3ri ?e N c Befit Dare Type of Taper accozc�ag-ta pasted sues]ice Taves Q 30 MPH IQft.CfFset-30i Tapers @ 35 v2, 10-Qiset3 $ Taoers @ 40 1�—=1 Off,cae,-,i a r JrOW - es T 2, SPr��cS to % ��