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HomeMy WebLinkAboutContract 30335 JM-14-2004 WED 03:44 PM T/PW T. E, STREET MGMT• FAX N0, 817 392 8941 P. 05 "'iTY SECRMR'Y. T NO: CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUN'T'Y'�OF TARRANT' MS AGREEMENT is made and entered into by and between the G`ity of Fort'Worth,a municipal corporation of Tarrant County, exas wtinp herein7by=aul-through-its-duiy-authorized-Building . Official,hermafter referred to as the "Cit3r"' and • ��✓� �i�7�LL �/ �p Ll�jird S acting by and through its duly.authorized D -�z?-o� hereinafter referred to as WITiNES.SETH:. • 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, sidewa.Iks or other public rights-of-way as follows,. /'s of s7ZC�/ relL 01414PSID2— /A✓ ,C/1 Wr CX-- ��� ,�I�-i�✓ see f�� �ss �- �r/� ,oe�,�Nom ) . JUL-14-2004 WED 03 44 PM TIPW T.E. STREET MGMT, FAX N0. 817 392 8941 P, 06 r 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. Crrantee 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`S". Said fee is calculated in the manner � and amounts prescnbed by the Building Code of the City of Fort Worth for temporary use or occupancy of public property. The estimated total I amount of said fee is-- (00 s-- j , JUL-14-2004 WED 03'45 PM T/PW T, E, STREET MGMT, FAX NO, 817 392 8941 P, 07 y 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 fixture 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 tern of this agreement shall be for /-0 days, from-9=°V to "���"� 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' of the City of Fort Worth, this agreement shall terminate. GI f ' v 3 JUL-,14-2004 WED 03:45 PM T/PW T. E. STREET MGMT. FAX N0, 817 392 8941 P. 08 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. i 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 r1 ' JUL-14-2004 WED 03:45 PM T/PW T, E, STREET MGMT, FAX N0. 817 392 8941 P. 09 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(3 0)days of receipt of notice from the Director of Transportation and Pablic 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 billrag for same by City. Noibing 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 JUL-.14-2004 WED 03:46 PM T/PW T. E, STREET MGMT, FAX.N0, 817 392 8941 P, 10 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 hatCity 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. 12. • Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this agreement orby any federal, state or local statute, ^•J U 6/ ..^:i ICS�IUi�r`'u7 raw or regulation. 13. JUL714-2004 WED 03;46 PM T/PW T.E. STREET MGM . FAX K 817 392 6941 P. 11 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. TO 110EAENUT' .AND DOES HEREBY INDEMNIFY,HOLD HARMIESS AND DEFEND Com,ITS OFFICERS,AGEITS, SERVANTS AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS S FOR PROPERTY DAMAGE OR LOSS /OR PERSONAL INJURY,INCLUDING DEATR, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CRARACTEP,' TRER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DMCTLY OR INDIRECTLY,THE INLUNTEXAXCE, 7 JUL-1472004 WED 03147 PM T/PW T. E. STREET MGMT. FAX N0. 817 392 8941 P, 12 OCCUPANCY;USE, E)USTEI�CE OR LOCATION OF SAID ENCROACBMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED,IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS,AGENTS, SERVANTS, ENTLGYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LLA.BILI TY AND RESPONSIBILITY OF CITY,ITS OFFICERS,AGENTS, SERVANTS AND ENTLOYEES,FOR SUCH CLAIMS OR SHIT'S. GRANTEE SQL 1LINEWISE A.SSUI�M ALL LL4B1LITY AND RESPONSIBILITY AND SHALL INDEIRT.FY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY,ARISE% OUT OF OR IN CONNECTION WITH ANY AND.AIM..ACTS OR ONEISSIONS OF GRANTEE,ITS OFFICERS, AGEN'T'S, SERVAN'T'S,ENTLOYEES,CONTPACT®RS, SUBCONTRACTORS,.LICENSEEA S,TNVTTEES OR TRESPASSERS. Jl�. 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". k + The amounts of such insurance shall be not less than the following: �. L 'I-k Property damage, per occurrence .$100,000 �. -14-2004 WED 03.47 PM T/PW T. E. STREET MGMT. FAX N0. 817 392 8941 P. 13 JU`L . Bodily injury, per person $250,00 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"N'. 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,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 encroachmeis.. 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. 1.7,, This agreement shall be binding upon the parties hereto, their successors and assigns. JUL71472004 WED 03;47 PM T/PW T. F, STREET MGMT. FAX N0, 817 392 8941 P. 14 Sb ld my action. `vhz thc! r r tal or aSSP�rtGJ, ai lavv or to cgU.ity, c F ls:° out of the termis and conditJons o;:thjs or out of the use aid occupancy of City property as pem-d ted hrriundem venue for said action shall be ire, '=ant Coni LO)P, T c x as. 19. In any action brought by City for the e,forc.cmt-nt of the Obligations of Crantte,City sha€I be entitled to recover Lnte;est and r .a&—)-a ble at'c-omeys' fees. F.UCUI ED ifiis,fS` ' day of . 2004. GRANTOR: C%T-P-A.Pi'j-Ew CITY OFF4R 1 VI�OT ,/N 1311 r EY:— ( � B«.DIENc OFFIMt AJD LECs 4- I—A Y: b1 atT-,TD&- a F, ,97;W js t- 'A-I T F,NT i' DATE:________ :ontrac:t Authorization � ;C►v Tw GRc"'rARY DATE: Date IV�Y•L' _J�u? 'i 1u A STATE OF TEXAS COVA TY OF TARRANT. ••BEFOREAl ,the undersigned authority; allotaryPublic in and F,qr h tat f Ye;as, on flus day personally appeared �-- - ,A-nosvn tome to be theperson whose name is subscribed to the foregoing instrument, andacknowledged tome . that he/she executed the same for flteurRo and cottsi� n fhereitr expressed, cis the act and deed of°'- e i ;• - -and'n'theca pacity therein stated flPl r I AVER 1YIY SEAL OF OF.F7CE flus �2— day Of 20 ' . Affiant Noiar; ublic in and for The State of Texas AN EMAM STATE OF TEXAS r 43 ' MbC&;M.IV-08/2112007 n; JUL-14-2004 WED 03;48 PM T/PW T, E, STREET MGMT, FAX N0. 817 392 8941 P. 15 STATE OF TEXAS COUNTY OF TARR NT BEFORE AM,the undersigned authority,a Notary Public in and For the,$tate of Texas, on this daypersonally appeared Syc L- NI KIW 5 ,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 urposees consideration therein expressed, as the act and deed of div 3i u�o and in the capacity therein stated G N UNDER MY� SEAL OF OFFICE this day of 20� r L: Al Affiant Title Notary Public in and for The State of Texas ' "' BRENDA C. ?�,' G•"` Nota GRIFFIN ry Public,State of Texas ,,FOF1;,4�4. MY Commission Expires November 09,2005 V' p Contractors Name: Point of Contact: Phone Number: Building Permit Number — Purpose for Closure: Begin Date: End Date: Type of Taper according to posted speed limit: Tapers @ 30 MPH loft Offset 30ft minimum Tapers @ 35 MPH 10ft Offset 35ft minimum S t Tapers @ 40 MPH 1Oft Offset 40ft minimum Nor ftrrow LL FFF1 �2) 00 S . I � 12- ZIq Li rEmpEmy o� MORE THAN 3 DAYS s DAYS OR LESS SIDEWALK FEE- SQFT. X X STMT FEE - -LQUa_SQFT. X.z,_�- X Liv YS !.-A M"ICAMUST CALL FOR AND RECE AN !�! ALL APPROPRIATE BARRIERS OR OBSTRUCTIONS ARE IN NT E 07/23/2005 09:57 8173324544 WOODCREST PLAZA = PAGE 02 JUL-22-2004 THU 09:52 AM HIGGINBOTHAM FAX NO. 0000000000 F. 01/02 Clier :5_44Z4 ;'ORD. CERTIFICATE OF LIABIL TY INSURANCE o�z11o4°�""' PRODWOR THIS CERTIFICATE Al ISSUED AS A MATTER OF INFORMATI COMMERCIAL LINESt�NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Higginbotham A Assoc., Inc. MOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICM3 BELOW. P 0 Box 908 Fon Worth,TX 76101 INSURERS AKrORDING COVERAGE NAIC 0 INs ro w RERk Tho Travelers Uoyde Insurance Co Farmers&AAectlanlcs INlEJRER e: do Steve Nichols 1N�JRER�: 3601 ParkVIOW Drhrc 0418 rls REFI o; Ft Warth, rX T6102 —` INS RIR E: COVERAGES THE POLICIES OF 1N8URANC£LISTED BELOW HAVE SEEN ISSUED TO THE INHURED N Am ABOVE FOR THE POIJCY PERIOD 1NO CATER.NOTWITHSTANDING ANY REOUIRMENT,TERM OR CONDITION OF ANY CONTRACT OR OTN£R DOCLIM♦ WITH RESPEC I TO VMCFI THIS CERTIFICATE MAY BE 18SUEO OR MAY pERTP1M 7riE INSURANCE A7 FORD£D by THE POLICIES DEgCRIR�iO HEREIN IS UBJECT TO ALL rHE rgRFAS,EX"UVONS AND CONDrrIONS OF$UCH tbl1CIF9.AG6REGATG LIMITS BHOWVFI MAY HAVE BEEN REDUCED BY PA10 CLAMS L TYPE OF wuptsPOLICY MMSER PICAy A N LIgiTS A X awARALuAMILJIY ILPACPS75OA281 OWUM4 05124106 EAOHOCCURRENCE s1 p 000 C DMM6ft AL OEdERAL UAaILITY iA&AGET TEd 13(10 CLAW WW [�]OOMIR ! v&D EXP ww wrwn f 000 PERSONAL a AN INJURY 11 000 000 GENERALAOMEGATE i 0 GW AGGREGATE LMAt1 APPue3 PER: pRODU?79-COMP/CP AAR 1P QDD ,,LIC, a toe AU7+MOW U"Lny COMIIMf A]JTD (00 hum") LIMIT LIi ALL OVYNED AUTOS Malty INJURY b'CHEDULVAUTO (Pw wston) i "M AUTOS NQN�4YrEp LY AJ= I 40DI3 PROPERTY �1CAMUM i OARAM LIABLfTY lAOTOOKY-MAAWDENT i ANYAM EEACH APr EA'� 3 Y: AMIS EJCCES Mti9MLLA LIA*AM URRRNCE Is O=URQ DLAIMSMADE A REl1A1� R S DULIOTISLE ' i mom 3 1 WORKJ 6 QBMPVAM11OlK AND $TATO 0TH. FetPtorenRr NAEILrTY ANYPROPFRTORIP ?LIECUTIVE I.LEACMACCIDENT i aPP�LR/rAFARRER �� E.L.DISEASE•EA fiMP 6 >f undw on" 4116 beloo 61.DISEASE-POLICY LML; - DFSCfdPV N OF 0P9AA710NS I LOCKnONS 1 V6Hp6L86 J POLUSIONS ADDED BY ENDOIKENENY I S EMAL PRO{BIOS Sub0d to Wiry terms,conditions,b exclusions,the City of Fort Wcpdh,Its coicery and/or employees are additional 1MR94119 es rsspRllcts genOMI liability. REIGATE LD£ft CA ELLATIb SHO LD ANT OF THE AMOK DEACR IND POLIMS ge CAWOLLFD•EFOW THE fiXOMTON City of Fan Worth,ID&OP qA THEREOF,THI13..WNd1N3URPIRMLI,HNDEAVORIOMAIL _JUL DAy6VJP Mw 1000 Throokmorton St Nati E TO THE CF!wrwr,AYE HOLMR NAMEp TO THE jArr,BLIT FAIWRS To OD ao 2MALL Fort Worth,TX T61D2 IU"E NO OKIGATIOk oa UASILTTY OF ANY KI"D uroN TIF IM6kXkot,11'i ACCWM on REF XBENTATIVES. _ AUTWR RW REPRE2L'NTATI ACORD 26(2001M) 1 of 2 NS128189IM120187 PNG 0 ACORD CpRPQRA N ION JQ �CIT Fix, x 07/23/2005 09:57 E173324544 — .—.7— — -- — � WOODCREST PLAZA PAGE 03 JUL-22-2004 THU 09;53 Ali HIGGINBOTHAM FAX N0, 0000000000 P. 02/02 IMPORTANT i If the cer0cate holder Is an ADDITIONAL INSURED„the policy(iec.)must be endorsed. A statement on this certfflcate does not confer fights to the eert"te holder in lieu of Such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditlom;of the policy,certain policies may require an endorsement. A statement on this certificate does riot corner rr Ma to the certificate pokier In lieu of such endonsement(s). 1 DtSCLAHAER i The Certificate of Insurance on the reverse side of this form does not constitute a om*act between the iasuing insurer(s), auttxirized represenlAive or prpducer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter tho' coverage afforded by the policies fisted thereon. i i i i i i i ACORC 23-S(ssolro� 2 of 2 *S1281891M128167 .Ciiy of Fort,Worth Transportation and Public Works Street Use Permit Page 1 of 1 FORT WORTI H CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 7/20/2004 PERMIT#57942 MAPSCO 77A D.O.E.# (if applicable) STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME TIME BEGIN END BEGIN END SAT. SUN. 1.MAIN ST ]700-800 W 6TH ST I W 7TH ST 7/19/2004 12/16/2004 24HRS 24HRS 24HRS TYPE OF WORK TO BE PERFORMED:Other-Fee DUMPSTER AT 714 MAIN STREET OK AS PER ATTACHED TRAFFIC CONTROL PLAN"SPECIAL EVENTS IN DOWNTOWN MAY REQUIRE THE DUMPSTER AND PLATES TO BE REMOVED FOR SHORT PERIODS OF TIME,BUT THE PERMIT MAY BE EXTENDED TO COMPENSATE FOR THESE PERIODS. THIS PERMIT IS GRANTED TO THE CONTRA CTORIAPPLICANT 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 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 • IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE. ^^/ FINLEY REAL ESTATE HOLDINGS,LP AARON LONG 4t 7 � CONTRACTOWAPPLICANT CFW CONTACT / EMERGENCY CONTACT NAME FREDDIE RODRIGUEZ 24-HOUR 817-332-4840 MOBILE 817-437-2490 PGR# FAX#817-3324544 PHONE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 C t0j" f ( http://tpwpennit.cfwnet.oriz/-Do-ouD nermit.asn?nermit id=579,17 1UL-14-2004 WED 03:43 PM T/PW T, E, STREET MGMT, FAX NO, 817 392 8941 P. 02 i i I i i 5 I i o . o . o � 0 �0, j TYPE I 1 o o J f' BARRICADE o LL) RIGHT Q lit O� L AWE CAK LOSED J Q a x I z n ROA Y J # 0 LU v A AD X c m II {{{! Q 0 a Z J Jy � I l DUMPSTER IN DUMP�ITER IN PARKING LANE TRAVEL LANE m m This plan is submitted for TCP. I certify this plan will be used for the foiling location(s): N � � and that all channelizing devices will conform to 'General Note' as shown on the back. LU o Signature: Date CITY OF FORT WORTH TYPICAL LAYOUT FOR DUMPS-TER- TRANSPORTATION AND Note: 1 See reverse side for General Notes and Device Spacing PLAN '310 PUBLIC WORKS '