Loading...
HomeMy WebLinkAboutContract 32924 CITY SECRETARY CONTRACT NO.` qak/ CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TAR-RANT 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 Acting by and through its duly authorized agent, 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: 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. 1 CONSENT AGREEMENTfor Temporary use of public property 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: rcC) 4 ,C+ 5 tLi - 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 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 days, from 1 Z I l 1 b S to 1 i 0 , 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. 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 2 CONSENT AGREEMENTfor Temporary use of public property "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 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 billing for same by City. 3 CONSENT AGREEMENTfor Temporary use of public property 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 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 AGREEMENTfor Temporary use of public property 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMIFY, 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, 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 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, LICESNEES, 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 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 insurance 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 use of public properly 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 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 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 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. EXECUTED this day of�� F 2005. GRANTOR: GRANTEE: CITY OF FORT WORTH Buildi g Officia n Title 6 CONSENT AGREEMENTfor Temporary use of public property APPROVED FQJW AND LEGALITY: -'/ -- ohq1v-;5- Assis ant City Attorney Date City Secretary ate [NO M&C REQUIRED CONSENT AGREEMENTIor Temporary use o`public property STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary ublic in and Fort e State of eras, on PJX day,(ersonally appeared d, c''`�``""t 1(y �} G l,known tome to be the person whose name is subscribed td the foregoing instrument, and acknowledged to me that he/she executed the same for the"rposes a d,considerate :ereinl expressed, as the act and deed of --1 ��`< , and in the capacity therein stated. ri. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Of torp ber 20 - Affian f Title - - - - - Notary Public in and for ANGELA ESTRADA The State of Texas Notary Public (&my STATE OF TEXAS Comm. Exp.08/21/2007 8 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and I.Qr the Stpte Tex7ss, own this day personally appeared f'^�V6 a-k' ,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 urposes and consideration therein expressed, as the act and deed of and in the capacity therein stated. GIVEN UNDER MYHAND .A_ND SEAL OF OFFICE this day Of �'1� -'� 20 '- A Title (A-,j,L-- Notary P lic in and for The State of Texas ANGELA ESTRADA (guy Notary PublicSTATE OF TEXAS Comm. E"P.08/21/2007 9 Contractors Nasr;.e Point of Contact: Phone Number: Building Permit Number: Purpose for CI sure: MW Begin Date: � ©S End Date: —1.5- - 1 Type of Taffer according to posted speed limit Tapers @ 30 MPH 10ft Offset 30ft minimum Tapers @ 35 MPFI loft Offset 35ft minirro m CQ• Tapers @ 40 MPH 1Oft Offset 40ft min,rrn,m �a(VV, fir ? Fr � 1 0 �7?3, rya .�-1, r 'L VC`= Xt4D yT BR ALL I't i f :aFFCCCUrANCY �i-F A f\! 3 �- nArs L iCll f"FL'— ��p[) x Dec 05 05 04:20p Dennett Construction 8178829424 p.2 Clierrt :62415 SCOTT33 ACORD,. CERTIFICATE OF LIABILITY INSURANCE ii3aa5D� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 617-347-7069 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Higginbotham 8r Assoc-,Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 908 Fort Worth,TX 761 D1 INSURERS AFFORDING COVERAGE MAIC R HieURED INSURER A Admiral insurance Company 24856 Scott Dennett Construction,Inc. INSURER B: Mt Hawley Insurance Company 37974 2806 W.7th Street INSURER C. American States Ins Co of Texas 19712 Fort Worth,TX 76107 INSURER D INSURER E. COVERAGES 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 CON DrrtONS OF SUCH POLICIES.AGGREGATE LIMrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR Type OF INSURANCE POLICY NUMBER POLICY DATE pe ECTTYE PDATE W P TON LIMBS A GENERALLIABILRY CA00000694601 04!30105 04130/06 EACH OCCURRENCE 51000000 X COMMERCIAL GENERAL UABILTY DAMAGE TO RENTED "1100000 CLAIMS MADE Ex-1 OCCUR MED EXP(Any ale person) 55 000 PERSONAL a ADV NJURY $1 000 000 GENERAL AGGREGATE SZ 000 ODO GEN'L AGGR EGATELMrr APPUESPER: PRODUCTS-COMF/OP AGG E2000,00 POLICY PRO- -7 RO LOC C AUTOMOBILE LtAMU Y 04BA49933610 04/30/05 04!30106 COMBINED SINGLE LIMIT X ANY AUTO 3ttide.11 31000,000 ALL OWNED ALTOS BODILY INJURY SCHEDULED AUTOS (Per parson) X HIREC AUTOS BODILY INJURY § (Per w-cidenl) X NON-owNEDAUT05 PROPERTY DAI,AAGE S (Per amderM) GAAAGEUABILRY AUTO ONLY-EA ACCIDENT $ ANY ALTO OTHER THAN EA ACC $ AUTO ONLY. AGG S B EXCESSrUMIBRELLA LIABILITY MXL0359525 05103/05 041301'06 EACH CCCURRENOF S5 000 000 X I wC'UR F7 CLAWS MADE AGGREGATE $5,000.000 S I DEDUCTIBLE s X RETENTION 510000 5 TH- WORKERS COMPENSATION AND YVCSTATV• FIR EMPLOYERS'LIA91UTY EL-EACH ACCIDENT S ANY PRO-R I ETORJPARTNERIEX ECUTNE OFFICER$AEMBER EXCI-UDED? El-DISEASE-EA EMPLOYEE S I yyee6,dosUlbe unde- SPECS.'LL PR"Infous Ualow E.L.DISEASE-POLICY LIMIT S OTWP-R DESCRIPTION OF OPERATIONS 1 L OCATK7NS r VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION City of Ft Worth DATE THEREOF,THE ISSUING INSURER WILL FWDEAVOR TO MNL '40_ DAYS wRrrreN 1000 Throckmo rton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Fort Worth,TX 76102 IMPOSE NO OSUGATION OR UABILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RL-PRESENTATTVE ACORD 25(2001108)1 of 2 #S164008IM149171 O ACORD CORPORATION 1988 Dec 05 05 04:21 p Dennett Construction 8178829424 p.3 IMPORTANT ff 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 WANED, 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, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25S(2001/08) 2 of 2 ffS1640081M149171 `ity of Fort Worth Transportation and Public Works Street Use Permit Page 1 of Alt A WORTH CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT )ATE 12/5/2005 PERMIT #81827 MAPSCO 77A D.O.E.# Building Permit# (if applicable) STREET BLOCK FROM TO DATE Mon.-Fri.Time I TIME TIME BEGIN END BEGIN END SAT. SUN. 1.TAYLOR ST 500-600 W 4TH ST W 5TH ST 12/1/2005 1/15/2006 24HRS 24HRS 24HRS YPE OF WORK TO BE PERFORMED:Other-Fee USE OF PARKING METERS 4793&4792 FOR DUMPSTER PLACEMENT OK. FHIS PERMIT/S GRANTED TO THE CONTRA CTOR/APPL/CANT UNDER THE FOLLOWING CONDITIONS: • CONTRACTOR/APPLICANT IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE OR EVENT AT ALL TIMES. • THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. • ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE 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. • THIS PERMIT DOES NOT RELIEVE THE CONTRACTOR FROM OBTAINING NECESSARY PERMITS FROM COUNTY AND STATE ENTITIES WHERE WORK IS ENCROACHING INTO THEIR RIGHT-OF-WAY. • IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE. SCOTT DENNET CONSTRUCTION AARON LONG /� S CONTRACTOR/APPLICANT CFW CONTACT EMERGENCY CONTACT NAME RICHARD 24-HOUR PHONE 817-882-9420 MOBILE 817-781-0867 PGR# FAX#817-882-9424 TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 ttp://tpwpermit.cfwnet.org/popup_permit.asp?permit_id=81827 12/05/200 8 _ •c H N o $o 0 0a a f _ 6 Z m e i o oovlo 'wo v, � g° E .g At N l tRBB:6n ;n : : :onai6.o °° - YE E- Ee s £ U- -P o00oNo 6j^ YS =_ W ? �5�-- =`sd s 6 6= p o - ----------------------------- ----------- ----------- _ b n-€sib spf mg _sS v,H ams v!H l i/I xt - AM / L javmo4s • N • ■ ■� ■ ■ ■� ■ • U c aO _ N Q- u JeDR,045 }— _ L O Z/x z/x ewg L .of >,Aa .01 Ln a — — — — — — — — — — — — — — — — — — — — N O CL o JaDIro45 U L F F a x 4e Nxg L .01 €E' u!n.ot x�ow xf omq E i No L w w w ■ �.virou5 0 N a � ` a o v � L o � emYg /F Xf O 3 Baa a.:a!ns.a s.b°mo x ca ncu wl Jo1 ao wou:�o1,w o oa �oowac a Io w �oI Ra!I•°!N°Gf.�°u ta:V:.cO!1D0*la? WA 10-18-Ruc�o/al 9 ou!�ieu!Ou3 soxil-°aV1 R°°.ua.n06 a! D.opwa.cQ tba w3rlIs3J510 :NJ OOa t 1a [9 0 :31 s0 '[i:i t c Zai OL:,ef 1 STM, 'ityiof Fort Worth Transportation and Public Works Payment Receipt Page 1 of !;ORT T1ORTH TRANSPORTATION AND PUBLIC WORKS RECEIPT FOR PAYMENT 311 WEST 10TH STREET FORT WORTH, 76102 PH:817-392-6594 F:817-3939 2-8941 PAYMENT ID 9931 APPLICANT SCOTT DENNET DATE 12/05/2005 CONSTRUCTION PAYMENT Credit PAYMENT $50.00 METHOD Card AMOUNT Payment is Verified PERMIT: 81827 DATE: 12/05/2005 TYPE: Other-Fee LOCATION: 500-600 TAYLOR ID FEE TYPE FEE AMOUNT AMOUNT APPLIED 23074 Permit $50.00 $50.00 I i E'A t C ENG I NEEEIRI NG 1000 THF,I,:�f I TM FORT STA. TX. 76102 OP lfk I.u, 741"ice': i RCG BATCH. Tiff+391 i FT:� [1ATE: (EC 015.1 05 TIDE: TOTAL f' IuFfl 111 EI'iME'D - I I�OKE TO PAYrr�'�� �I T Al. 4'UNT - TVJi�it7 Ta %/4.�r`t[Ill _'�FEeff IF CREDIT RO r.) ttp://tpwpermit.cfwnet.org/popup_receipt.asp?pid=9931 12/05/200