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HomeMy WebLinkAboutContract 30838 CITY SECRETARY CONTRACT NO. CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT 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 The Whiting-Turner Contracting Company Acting by and through its duly authorized agent, Espen S. Brooks 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: Encroachment of two metered parking spaces located on Second Street between Florence and Burnett on south side of street and north side of building, 300 Burnett -Street, Fort Worth, TX 7102. The location and description of sal 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 arid Codes of the City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. CONSENT AGREEMENTforTempo-ry T 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: $1,353.60 (One Thousand Three Hundred Fifty-Three Dollars and 60 cents) 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. (ob z 1 6 The term of this agreement shall be for 120 days, from1�4 to U44AtV5 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 CONSENT AGREEMENTfor Temporary use of public pyo n "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 o,public propoly 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 per`y" Iq 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 HIND 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 Officia — 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 I day of l,ti7to)X'� 12004. GRANTOR: GRANTEE: CITY OF FORT WORTH The Whiting Turner Contracting Company Building Official Espen S. Brooks,Vice Presider►# Title 6 CONSENT AGREEMENTfor Temporary use f pubo prope0 M i Y�G�`' APPRO T FO LEGALITY: Assi tant C Attorney Date . City Secretary Date -)cicract xuthorizatiola Date 7 CONSENT AGREEMENTforTempora useotpubll t, STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and FRr th=Stat of Texas, on this day personally appeared Y� U;\ ,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 urposes and cp s' eratioq therein expressed, as the act and deed of and in the capacity therein stated IVEN UNDER MY HAND ND SEAL OF OFFICE this 2-o day Of 20 . Affiant u;� r �4=►�.� Title ANGELA ESTRADA (�1 � + NOtwy Public Notary Public in and for STATE OF TEXAS The State of Texas � y rh0On.EV-08/21/2007 9 STATE OF TEXAS COUNTY OF TAIM41VT 0 DI 1 BEFORE ME, the undersigned authority, a Nota Public in and Fth State plf Texas, on this day personally appeared 1 Pr C'Gf i ,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 purposes and consideration therein expressed, as the act and deed of , and in the capacity therein stated. GI WEN UNDER W HAND AND SEAL OF OFFICE this I day Of 4 �_ LY_► 20 Espen S.Brooks, Vice President Affiant Title Notary Public in and for The State of Texas 4 ANNE S. PATILLO MY COMMISSION EXPIRES p� +• SOPI-ber 30,2006 8 y'1 ''f?Md lh 'LI N Jvit N BUYERS BARRICADES, INC. '''' boy_rooa5 3705 E 1st Office(817)535-3939 Fort Worth, TX 76111 Toil Free(888)535-3939 s �° i ' www.buyembariicades.com Fax 817) 831-7171 300 / J � This drawing is in accordance with the latest edition of the Texas manual on Uniform Traffic Control Devices. Customer: i �F�� W41riia� 'm.+E1" �;r f s _ I VY- lzv t- ( J L3 1< i s ( S DAY `(V� Moi*THAN r X SfDEWALK FEE- X11 _. DX! ss Z� P7 FEE 1 1 STR TED. t p�YPl1CANT MM C ON AF CALL FOR ACC PEC�E�Ivrr{�(AN T4WE ARF,dJ PLACE � od-LAPPROPIMME r. I y 10/13/2004 16: 08 4694290801 '"V TING TURNER PAGE 01/01 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DAT 10/08104 0/018104 1 PRODUCER 410-339-7263 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Riggs, Counselman, Michaels & ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Downes, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 555 Fairmount Avenue Baltimore, MD 21286 INSURERS AFFORDING COVERAGE INSURED I INSURER A: Zurich American Insurance Co The Whiting - Turner Contracting Company INSURER B: 300 East Joppa Road INSURER C: INSURER D: Towson, MD 21286 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. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR LIMITS A GENERAL LIABILITY GLO3865881 08/01/04 08/01/05 EACH OCCURRENCE 1 1.000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) 4 500,000 CLAIMS MADE a OCCUR MED EXP Any one person! t 10,000 PERSONAL 8 ADV INJURY 0 1,000,000 GENERAL AGGREGATE 4 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 0 2,000,000 POLICY: X PRO- LOC A AUTOMOBILE LIABILITY BAP3865880 08/01/04 08/01/06 COMBINED SINGLE LIMIT X ANY AUTO SAP3866879-TX [Ea aca)denO 4 1,000,000 ALL OWNED AUTOS BODILY INJURY 11 SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY 4 X NON-OWNED AUTOS :Per accident) PROPERTY DAMAGE 0 :Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC 4 AUTO ONLY: AGG 0 EXCESS LIABILITY EACH OCCURRENCE 4 OCCUR CLAIMS MADE AGGREGATE 6 DEDUCTIBLE 4 RETENTION 1 0 A WORKERS COMPENSATION AND WC3865882 08/01/04 08/01/05 X1 WC STATU- I DTH- EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT 0 1000000 E.L.DISEASE-EA EMPLOYEE 0 1000000 OTHER E.L.DISEASE-POLICY LIMIT 1 1000000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:JOB#10353 THE CITY OF FORT WORTH, ITS OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS UNDER GENERAL LIABILITY W/RESPECT To WORK PERFORMED BY THE NAMED INSURED. CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER: CANCELLATION THE CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN AT(N: AARON LONG NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 311 W- 10TH STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR FORT WORTH, TX 76102 REPRESENTATIVES. AUT]17 AT ACORD 26-S (7/97) 7-99 770232 - 121639 Q ACORD CORPORATION 1988 Received Time Oct , 13 , 4 : 03PM Cityof Fort Worth Transportation and Public Wort Use Permit ,J Page 1 of 1 FORTWORTH CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 10/13/2004 PERMIT #61900 MAPSCO 76D D.O.E.# Building Permit# PC04-00025 (if applicable) STREET BLOCK r FROM TO DATE Mon.-Fri.Time TIME TIME BEGIN END BEGIN END SAT. SUN. 1.W 2ND ST 600-800 1 BURNETT ST I FLORENCE ST 10/15/2004 2/12/2004 24HRS 24HRS 24HRS TYPE OF WORK TO BE PERFORMED:Other-Fee DUMPSTER PLACEMENT UNDER PC04-00025 OK AS PER ATTACHED TRAFFIC CONTROL PLAN. THIS PERMIT IS GRANTED TO THE CONTRACTOR/APPLICANT 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. • IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE. WHITING-TURNER CONTRACTING COMPANY AARON LONG L / QY CONTRACTOR/APPLICANT CFW CONTACT EMERGENCY CONTACT NAME JEFFREY WILLEFORD 24-HOUR 469-429-0800 MOBILE PGR# FAX#469-429-0801 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.org/popup_permit.asp?permit_id=61900 10/13/2004 , BUYERS BARRICADES, VX. 10/5 �i�roS • r 3705 E 1st Office(817)535-3939 Fort Worth,TX 76111 Toll Free(888)535-3939 www.buyersbardcades.com Fax(81 7) 831-7171 This drawing is in accordance with the latest edition of the Texas manual on Uniform Traffic Control Devices. f Customer: r/ X-e' 60 OV r'Z4 C.'fes y -t I ,A � t • kA}r ���� �i y. , -u. .... if taQJ 15tN T -.