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HomeMy WebLinkAboutContract 30238 00-20-2004 THU 08:58 AM T/FW T. E. STREET MGMT, FAX N0, 817 39c 8941 CITY SECRETARY ' :CONTRACT N01. CONSENT AGREEMINT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS C0UNTY'0F TARR.A.NT' TMS AGREEMENT is made and entered into by and between the City of Fort-Worn, a municipal corporation of Tarrant County, Texas, acting herein by'and through its duly authorized Building Offzt1hocrinafter ;7,44 to 'the "City"' as d. acting by and through its duly anthorized d� k hereinafter referred to as "Grantee" WITNESSETH: For and in consideration of the payment by Grantee of the charges set out below and the trae and faitbfal 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 andlor above the streets, alleys,sidewalks or other public rights-of-way as follows: 17,C , 7" i3amwecr � CtT� l I The location and description of said encroachment is more particularly i 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 I above the surface of the public rights-of-way involved I 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 A LyD S Joh Z Grantee, at no expense to City, shall make proper provision for i the relocation and/or installation of ' existing or future tcafnc control i i devices or other improvements affected by such encroachment:, use and occupancy, including the securing of approval and consent from the I 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 I 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=, • - i Grantee shall pay to City an addidonal amount equal to such additional cost as determined b .C7 . y � 6. The term of this agreement shall be for days, from�.L.7/°y ' to provided, however, should the need for the encroachments t granted hereunder at any time cease, Grantee agrees to immediately notify City of such condition; and,upon receipt of such notice by the ! l Building Off cial of the City of Fort Worth, this agreement shall ' terminate. tui.`cu �..u- ..:u uo•si r1.. ./ro . t. 01ALr : 11U11i, iti1S ham. bII jdL Od4I w 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 'S". This agreement shall not be construed as the granting of a permanent easement, encroachment . or license upon City's public streets,alleys, side,�valks 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 Grantec notice of such bread Should such breach not be corrected by Grantee Within twenty-foiz(24) hours of receipt of the notice, or within such shorter period of time as deemed necessary by the Bui.diug Official for the protection of public health or safety, City may terminate and cancel this agreement. 9. Upon expiration or terminadon of this agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the public rights-of--way and adjacent supporting=aures 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 l 1 covenants and agrees that for a period of one (1) year after the i 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 i 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. Ali 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 aad regain 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 Lability in connection with such removal or reztoration. Grantee shall reimburse City for the cost and expense of such removal anctlor repairs irnme. i telt'following billing for same by City. Nothing herein shall be construed as a waiver by Ciry,to enforce penal sanctions prescribed by the Code of the City of FortVicith and the laws of the State of Texas for Grantee's continred encroachment � . ...� vo• n.. rw rHn !lU. Cii Jac Od41 UO upon the public rights-of-way following termination of this Consent + Agreement. 10. It is further understood and agreed between the pies hereto that City holds the city streets, alleys, sidewalks and other public rights-of- way, ights-ofway,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 foie Legislature; and that City cannot contract away its duly and its legislative power to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing j body of City, to wit, its City Council, should at any t;m:during the term hereof determine in its sole discretion to use or cause or permzt to be used for any public purpose th a said encroached portion of the.a-Ireets, 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, law or regulation. 13. ry -1 IlUli1 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 �T �p gam, ,L1,D,Gs'�'NIFi, AND DOES HEREBY INDENNMF, HOLD E A NMESS AND DEFEND CITY, ITS OFFICERS, AGENT'S, SERVANTS AND EOLOYEES, FROM AND AGAINST ANY AND ALL CLALKS OR SUITS FOR PROPERTY DAMAGE, OR LOSS ATND/OR PERSONAL INiJURY, INCLUDING DEATH,TO ANTY AND ALL]PERSONS, OF WHATSOEVER KIND OR CHARACTER, WFIETHER.REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITS, DIRECTLY OR MMECTLY, THE NL4 N"IENANCE, P Ci>y:'-cu-c u4 .7U U914U A% i/YW i', E, STREET 11GMT. FAX NU. 6 ()CCIIPAQiCY,USE, EMSTIENCE OR LOCATION OF SAID ENCROAClDIENT ANIS USES GRAD"Y E D HEREUNDER, WHETB ER OR NOT CAUSED,r4 WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, ADEN-rs, SERVANTS, EYIFLOYEES, CONTRACTORS, SLTBCOINTRACTGR,S, LICENSEES OR E Y TEES OF CITY;Y; AND GKN 3 EE HEREBY �SSUT4ES ALL LIA.EHM AND aRESPONSI BU-:'I Y OF CI'IY,ITS OFFICERS,AGENTS, SEIRWANYS AND EIWLOY-EES,FOR SUCH CLASS OR SUITS. GRANTEE SHALL LIKEWISE ASSUiVM ALL LIABELITY AND RESPONSIBILITY AND SI L41LL INTEN"L UFY CITY FOR ANY AND ALL Vi JURY OR DAMAGE TO CITY PROPER'T'Y, kRISING OUT OF OR IN CONNECTION WITH ANY A:NT ALL ACTS OR OMISSIONS OF GRANTEE,ITS OFFICERS, AGENTS, SERVANTS,EMPLOYEES, CO.YFRACTORS, SUBCONTRACTORS,LICENSEES, RgNMES OR TRESPASSERS. 15. Grantee agrees to fiuriish 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 p,.ablic risks related to the proposed use and occupancy of public property as located and described in Exhibit"3". The amounts of such insurance shall be not less than the following: Property damage, per occurrence93 $iO4,(h10 r;n:-cU-GuU4 :nil Ud;41 fir, �YW Sf'}�ET MGMT, rHn INVV, .. Bodily injury,per person S250,0U0 Bodily injury or death,per occurrence 5500,000 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 Ua (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"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, its successors and assigns, to maintain and keep in force such public liability incuranance at all times during the term of this agreement and until the remov4l of all encroachm. is.. and the cieaning and restoration of the city streets. All insurance coverage required herein shall inclade 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. 17., This agreement shall be binding upon the parties hereto, their successors and assigns. ti z, . `�- MAY-20-2004 T HIJ 09:42 AJC T/PW T, E, STRFET MGM T. FAX NO 817 392 6941 « l�. Should any action, vvhether 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 a3 permitted hereunder, venue for said action shall be in Tal, ant County, Texas. I4. 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. EXE-CUTED This � day of 2004, GR,4,NTOR-. GRANTEE: CITY Ole 4F0. WOR ��r�C Cn�r"ac � Inc_ . 13Y - nLaLDING OFFICIAL t GJM AND LEGUITY, TITLE r Y ATTEY DATE: fw - M Al /I P4-1 Contract Xuthorizatioa ' C S CR.LT.ARY DATE: Date i STATE OF TEXAS CO LINTY OF TAR.RANT. BEFORE ME, the widersigned authority; a NotaryTublic in and For the Sta tq of Texas, on th day personally appearecl ,known tome to be theperson whose name is subscribed to the i'egoing instrument, and acknowledged to 77ze . that helshe execrated the same for th plirpos--SgiqcoiiszdqtWojitirierrpressed, cu the act and Gleed of <<{� , and in the capacity therein stated. GIVEE T UAVER MYHA,? SEAL OF OFFICE this day Of Af l'7zt Notary Public in and for The State of Texas :ANGELA ESTRADA(&MY ary PalkE OF TEXASxp.08/21/2007 MAY-20-2004 THU 09:43 AM -j/PW T. E, STREET MGM7 FAX 1v0, 817 399 8941 P 13 STATE OF TEXAS CO UNTF OF TARRANT BEFORE W, the undersigned authority, aNotary Public. and For the State of Texan, on this day personally appeared—, - -; ,known to me to be the person whose name is subscribed to the foregoing dnstrument,and acknowledged to me that helshe executed the same for th¢purposes and consideration therein expressed, as the act and deed of and in the capacity therein stated GIVEN UNDER MY H4"AZYD SEAL OF OFFICE th is �� h day Of 1 A,fflant 1 24�,lip" ARON NotaryPub is in and for CRYSTAL A. DM •••�*sr'ue.r_ NatarY Public. e of Texas MY Commission Expires The State of Texas . � September 30,2007 i } F .. .. .. �............. ..w... 1V Contrsctora Name: Pout of Contact: Phone Number. Buflding Permit Number, impose for Closure: . Regia Date: Fad-Date. T}qo of Taper according to posted specd lirrft_� ` � � Tapas @ 30 MpH 1 Oft Offset 30ft t'L�.'1C�, nlkfimm Tapers Q 35 MPH l Oft Offset 35ftMinmmurn No ! rr w Tapas Q 40 MPH 10ft Of tt 40ft ft 4-r�n d,erg" �e,c{- NJ Y i Ce 1r r �. 4I n 1 �rr111�''t'lKil 7�1 W=upp���;lppi��P��'CCCiR AND RE�CC- PV�� AN ��t ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 5/25/2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Roach, Howard, Smith and Hunter ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9330 LSJ Fwy, Ste.1500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75243 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: CMI Lloyds 20222 Concept Contractors, Inc. INSURERB: Central Mutual Insurance Com a 20222 6120 Aldwick Drive INSURER C: Garland TX 75043 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 CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION R T / D DATE M/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 AMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY CLP7978050 4/8/2004 4/8/2005 PREMISES(Ea a.rence $ 300,000 CLAIMS MADE FX7 OCCUR MED EXP(Anyone person) $ 5,000 i PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY PRO LOC JFrT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT—_ _ _ A ANYAUTO CLP7978050 4/8/2004 4/8/2005 accident) 11000,000 ALL OWNED AUTOS I BODILY INJURY I$ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNEDAUTOS I (Peraccident) $ - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 51000,000 8 7 OCCUR F71 CLAIMS MADE CXS7978051 4/8/2004 4/8/2005 AGGREGATE $ 51000,000 $ DEDUCTIBLE $ X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND WC797805202 4/8/2004 4/8/2005 WCSTATULMT- OTH- EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 It yes,describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Encroachment Permit at the Renaissance Worthington Hotel, Fort Worth, TX. 76102 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL NDEAVOR TO MAIL- 30 DAYS WRITTEN TPW/Street Management Section NOTICE TO THE CERTIFICATE HOLDER NAMED ro THE LEFT,BUTFAILURE TO DO SO SHALL 311 W. 10th Street IMPOSE NO OBLIGATION OR LIABILITY OF AN KIND UPON THE INSURER,ITS AGENTS OR Fort Worth TX 76102 REPRESENTATIVES. _ AUTHORIZED REPRESENTATIVE J f� ACORD 25 (2001/08) ©ACORD CORPORATION 1988 Page 1 of 1 City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1 FORT WORTH CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 5/25/2004 PERMIT#55750 MAPSCO 62Z D.O.E.#NA (d applicable) STREET BLOCK I FROMTO DATE Mon.-Fri.Time TIME TIME BEGIN END BEGIN END SAT. SUN. 1.W 1ST ST 100-199 MAIN ST HOUSTON ST 5/27/2004 10/25/2004 24 HR 24 HR 24 HR TYPE OF WORK TO BE PERFORMED:Other-Fee STORE DUMPSTERS ON IST STREET FOR WORK AT THE WORTHINGTON HOTEL—OK PER ATTACHED TRAFFIC CONTROL PLAN. THIS PERMIT IS GRANTED TO THE CONTRACTOR/APPLICANT 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 SPEC!F!CAT!ONS 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 1 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. CONCEPT CONTRACTORS GORDON ALDERMAN CONTRACTOR/APPLICANT CFW CONTACT P EMERGENCY CONTACT NAME LEON JOHNSON C 24-HOUR 972-226-0788 MOBILE PGR# FAX#972-226-8338 PHONE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 _ http://tpwpermit.cfwnet.orWpopup permit.asp?permit id=55750 5/25/2004 �. uu v +� y• �• .�iiv-c uv;u, Ct1A 11V, Oil JtlC OJ41 r. 1 f i o o 0 ^ 6 f J TYPE 1 , c I BARRICADE W RIGHT LANE i QLLJ C!05ED f r j J f _j z o OAHEAD _j s Cr U o ORK F Q a c ^ DJMPSTER IN DUMPSTER IN PARKING LANE TRAVEL LANE N `his plan is submitted for TCP. i certify this plan will be used for the folling iocetion(sh c N and that all ckannellzing devices will conform to 'General Notes` as s�own on the bock. WIo S)gnatjre: Dote j CITY OF FART WORTH I YPICA` LAYOUT FGR GWIPSTER 1 T RAI�SPORTATiOV -- AND Nolte: 1 P; 8L1� � �5 see reverse sides fcr General >dotes and Oevlce Spac!ng � PLAN '310' FORT WORTH STREET ENCROACHMENT PERMIT Permit #: PC04-00007 Status: PENDING Date Issued: Expiration Date: 10/24/2004 Address: 200 MAIN ST Addition: FORT WORTH ORIGINAL TOWN Insp: 01 MAPSCO: 63W Block/Lot: 21/1-16 Legal Desc:FORT ORIGINAL TOWN, LOTS 1-16, BLOCK 21 APPLICANT CONCEPT CONTRACTORS LEON JOHNSON 10022 OWNER BCM/CHI WORTHINGTON, INC 450 PARK AV FL 28TH ATTN CAPITAL HOTEL INV LLC NEW YORK NY 10022 Contractor License #: License #: Type of Encroachment: 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)871-6370 DEPARTMENT OF DEVELOPMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON ST * Fort Worth, Texas 76102 (817)392-2222 * FAX (817)392-8116