HomeMy WebLinkAboutContract 30151 CITY SECRETARY
CONTRACT NO ., dol l
CONSENT AGREEMENT
FOR
TEMPORARY'' USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY TOF TARRANT-
TINS 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, herinafter referred to as the "City'" and
acting by and through its duly authorized
e�e Gly ,hereinafter referred to as
"Graatee'.
WI TNES. S T H
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, sidewalks or other
public rights-of-way as follows:
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The location and description of said encroachment is more particularly
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described in Exhibit `B" attached hereto, incorporated herein and made
apart hereof for all purposes.
2'
All use and occupancy of public streets,-alleys, sidewalks or other
. i
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 1
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 Ii
I
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
ightsof-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 I
amount of said fee is
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5.
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Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or fixture 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 Inst-Plation, reins ^ 'adon, 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 an additional amount equal to such additional
cost as determined b Cl
Y� � �tY•
6.
The term of this agreement shall be for days, fro,:,,
to provided, however, should the need for the encroachments
granted hereunder at any time cease, Grantee agrees to immediately
I
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.
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 `V'. 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 terns, 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, equipmen
supplies, materials or other property from said location. Grantee her
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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 manner
and shall comply with all applicable laws, codes, ordinances and City
specifications.
l
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 e orce -
penal sanctions prescribed by the Code of the City of Fort Worth:and
the laws of the State of Texas for Grantee's continued eneroachmen
5
1
II
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 that City cannot contract
away its duty and its legislative power to control the streets for the use
I
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 rj
provided for by this agreement orby any federal, state or local sta te,
law or regulation.
13.
G J
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.
: . .:.. ..__ =E..WYENANT'.S-A AGREES TO IN�El�
AIND DOES JEER BY INDEMNIFY, HOLD HARMLESS AND
DEFEND CITY, ITS OFFICERS, AGENYS, SERVANTS AND
ENIPg,®YEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER ISD OR CSC I ER, WHE=R REAL ®R
ASSERTED, AFJSING OUT OF OR IN CONNECTION WITH
DIRECTLY OR INDIRECTLY, THE 1VLA1'4TFNANCE,
OCCUPANCY, USE, E�aSTEINCE OR LOCATION OF SAE
E1NCR®ACEDENT AND USES GRANTED HEREINDEI; ,
WHET=R OR NOT CAUSED, E4 WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMTL®YEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES OR ENVITEES OF CITY; AND GRANTEE HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY BILITY OF CITY, ITS
OFFICERS, AGENTS, SERVANTS AND EITL®YEES, FOR SUCH
CLAIMS OR SUITS. GRANTEE SHALL LIZEWIS1E ASSN ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDENEN=
CITY FOR ANY AND ALL EXJURY OR DAMAGE TO CITY
PROPERTY, ARISIING OUT OF OR IN CONNECTION WITH ANY
AND ALL AC'T'S OR ONESSIONS OF GRANTEE, ITS OFFICERS,
AGENTS, SERVANTS, EMTLO EES, CONTRALTO S,
SUBCONTRACTORS, LICENSEES, INVI'T'EES 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".
M
The amounts of such insurance shall be not less than the follo =
Property damage, per occurrence $100,000 -
93
Bodily injury,,per person $250,06
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 (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 subrnit 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 encroachmeVks...
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.
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 tJ r le -52000-
GRANTOR: GRANTEE:
CITY OF FORT WORT �14 o�
B
BUILDING OFFICIAL
APPRO TO FORM AND LEGALITY: /�
�— TITLE
�,Sf'CITY ATTORNEY DATE:
Contract Aut orizetio,
CITY ECRETARY DATE:--7/e.1,64
�"�� Date
STATE OF TEXAS
COUNTY OF TARRANT.
-BEFOREAIE,the tlndersigited arttliority; a Notary Public in and
For the Shite of Texas, on tliis day personally appeared
,known to rite to be the person whose
name is subscribed to tl foregoing instrument, and acknowledged to the ,
that he/slte execilted the sante for tlr .purposes t td ottsideratio t tereiti
expressed, tis th e act an d deed of.
and in the capacity therein stated.
IYEIIT VATDER 1Y_MAD SEAL OF OFFICE this �'� Jay
o f �`�! 2 pS
• Afftrcrtt .
1irotaty Public in and for
Th e State of Texas
�,�pf1VP ANGELA ESTRADA
t Notary public
STATE OF TEXAS
�''�OFy Mp Comm.Exp.08/21/2007
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For th State of Texas, on this day personally appeared
�G[ U ,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 tlKpurposes and consideration therein
expressed, as the act and deed of fz>�e
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day
Ofy , 20Q.
Affiant
Title
Notary Public in and for
The State of Texas
ANGELA ESTRADA
1(96
Nota►y PubHe
STATE QF TEXAS��. E:p.08/21!2007
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Client#: 10068
ACORD,. CERTIFICATE OF LIABILITY INSURANCE 05119/040nvYr)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
McQueary Henry Bowles Troy LLP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
12700 Park Central Drive HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 1700
Dallas,TX 75251-0470 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: St.Paul Fire&Marine 24767
Parkway Construction&Associates,L.P. INSURER B:
1000 Civic Circle
INSURER C:
Lewisville,TX 75067
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.
LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE MMIDD DATE MMIDD
A GENERAL LIABILITY KC09100120 10101103 10/01/04 EACH OCCURRENCE $1,000,000
XCOMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000
CLAIMS MADE 7 OCCUR MED EXP(Any one person) $10,000
X PD Ded:10,000 PERSONAL 8 ADV INJURY $1,000,000
GENERAL AGGREGATE s2,000,000
GEN-L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000
POLICY X PRO LOC
JECT
A AUTOMOBILE LIABILITY KV09100102TX 10/01/03 10/01/04 COM81NED SINGLE LIMIT 51,000r 000
A X ANY AUTO KV091000850S 10/01/03 10/01/04 (Ea accident)
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
X Drive Other Car
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR F-1 CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND WVS9100143 10/01/03 10/01/04 xWC STATU-I TORY LIMITS OTH-
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT 51 OOO OOO
ANY PROPRIETOR/PARTNEWEXECUTIVE
OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT I$1,000 000
A OTHER CL-Package IM09103004 10101103 10101/04 See Description Below
PR,CE, BR
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
—Supplemental Name"
Parkway Construction 8r Associates,L.P.
Prime-Con,Ltd.
PLD, Inc.
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fort Worth Engineering DATE THEREOF,THE ISSUING INSURE GGSCCENDEAVOR TO MAIL ��'t DAYS WRITTEN
Department NOTICE TO THE CERTIFICATE HOLD
E NAMED TO T}IE LEFT,BUT FAILURE O DO SO SHALL
1000 Throckmorton IMPOSE NO OBLIGATION OR LIABILI OF ANY IOND UPON THE INSURER,ITS AGENTS OR
Fort Worth,TX 76102-6311 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25(2001/08)1 of 3 #S47234/M47233 AYL 0 ACORD CORPORATION 1988
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 5/24/2004 PERMIT#55631 MAPSCO 76D D.O.E.#NA
(I 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 5/24/2004 10/20/2004 24 HIR 24 HR 24 HR
2.W 3RD ST 300-400 THROCKMORTON ST TAYLOR ST 5/24/2004 10/20/2004 24HR 24 HR 24 HR
TYPE OF WORK TO BE PERFORMED:Other-Fee
PARKING STALL CLOSURE FOR WORK AT 420 THROCKMORTON STREET—STALLS 4811 AND 4812 ON W 3RD STREET—STALLS 4793
AND 4792 ON TALYLOR STREET—TRAFFIC CONTROL PLAN NOT REQUIRED.
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 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.
PARKWAY CONSTRUCTION&ASSOCIATES GORDON ALDERMAN
C.ONTRACTORIAPPLICANT CFW CONTACT
EMERGENCY CONTACT NAME HARLAN EDDINGTON Y
24-HOUR 972-221-1979 MOBILE 214-995-8292 PGR# FAX#972-219-0061
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=55631 4/2004
FORT WORTH
STREET ENCROACHMENT PERMIT
Permit #: PC04-00010
Status: ISSUED
Date Issued: 06/24/2004
Expiration Date: 10/01/2004
Address: 300 W 3RD ST
Addition: Insp: MAPSCO:
Block/Lot: /
Legal Desc:
APPLICANT
PARKWAY CONSTRUCTION
OWNER
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 s 1000 THROCKMORTON ST s Fort Worth, Texas 76102
(817)392-2222 - FAX (817)392-8116