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HomeMy WebLinkAboutContract 30152 CITY SECRETARY ^r`T NO . CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY-OF TARRANT IMS AGREEMENT is made and entered into by and between the City of FortWorth, a municipal corporation of Tarrant County, Texas, acting herein by'and through its duly authorized Building Official, herulafter reRxr/e�d to asp-t Ie cacity"'n ana [[[ /Jj EAL acting by and through its duly authorized_ hereinafter referred to as "Grantee". WITNESSETH: 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, sidewalks or other public rights-of-way as follows: I i 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. i 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. 4 1 Grantee agrees to pay in advance an encroachment fee for the i d temporary privilege of encroaching upon a portion of the public rights= of--way as described in Exhibit `V'. 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 y I i 5. 1 I 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 fature 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, 1, Grantee shall pay to City an additional amount equal to such additional cost as determined by.City. 6. The term of this agreement shall be for days, frorn to !V ! k ` provided, however, should the need for the encroachments i 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 `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 1 • I ll 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 e begin such repairs within ' (30),days of receipt of notice from the I Director of Transportation and Public Works or his designee. All I repairs shall be performed in an expeditious and workmanlike manner ` and shall comply with all applicable laws, codes, ordinances and City S specifications. I 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 enf�r , penal sanctions prescribed by the Code of the City of Fort Worth and".,F .=: a � >,r: the laws of the State of Texas for Grantee's continued encroachment . 5 upon the public rights-of-way following termination of this Consent Agreement. 10. . � IIt 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 orb the Legislature; and that Ci cannot contract Y City 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 publid purpose the said encroached portion of the.streets, then this agreement shall be automatically canceled and terminated. 11. Grantee agrees to comply fally 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. - i 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. jL AND DOES HEREBY BY R7DEMN17.-F1L, HOLD HARAIll ESS AND DEFEND CITY, ITS OFFICERS, AGENTS9 SERVANTS AND EN2L®YEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUIT'S FOR PROPERTY D AK4,GE OR LOSS AMD/®R PERSONAL INJ-URY, INCLUDING DEATH, TO Alm'AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER]FOAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DEP,ECTLY OR INDIRECTLY, THE IVL' ,FNI E1`IA V CSL` 9 : :. OCCUP7 ANCY, USE, EXISTENCE OR LOCATION OF SAM ENCROACHYENY AND USES GATED HEREUNDER, WHETHER OR NOT CAUSED, FN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LHCENSEES OR INVITEES OF CITY; AND GRANTEE HEREBY ASSUMES ALL LL4,BILITY AND RIESPONSIIIRIIILITY OF CITE, ITS OFFICERS, AGENTS, SERVANTS AND EITLOYEES9 FOR SUCH CLAIMS OR SATS. GRANTEE SHALL L=WISE WISE ASSUNM 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 ONESSH®QTS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS, IEMTLGYE)ES9 CGNM4CT®RS, SUBCONTRACTORS, LIICENSEES, IliVIfTEES 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 than the following: Property damage, per occ=ence $100,000 ':� Bodily ' person 5250,0-00. - -�- Y inJ�'Y� per 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 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 tris.agreement and.until the removal .of all encroacltmen s,. and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all of Grantee's contractors. 1�. 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 assignrnent wiffioult such prior written approval shall be void. 17.E This agreement shall be binding upon the parties hereto, their successors and assigns. Should any action, whether real or asserted, at lace or in equity,,. rise out of the teras and conditions of this aaTeement or out of the use and occupancy of City property as permitted hereunder, venue for said action shall be in T,,a-it County, Texas. 19. M a,iv action brought by City for the enforcement of the obligations of G=tv-.w L :.y S ?il be entitled to recover interest and reasonable attorneys' C .S..5. EXECUTED This day of /Jf , 2004. ORkNI'OR: OppR.41V E: I, CITY OF Fa_ WOR T.-H. fAlkaAl Lorls�r�cz�c7� ( SS�,� L. BY: C— B ILDIENG oFFI AI. �yJ tr O 'OR -AND LEGALI Y: TITLE �s5f �i, �TTOR'�rY DATE' ass ntract Authorization C?CITYECR.�"TARY DATE: co� Date 01 STATE OF TEXAS COV1 TTY OF TAR.RriA'T. '-BEFORE AE, tlae aaladersigazed azathorit�v; a NotaaZiablic in and For the State of Teras, on tU dray personally appeared ,known to me to he the person whose name is subscribed to the foregoing itistraaaraent, and acknowledged to ine . that helshe executed the same for thf.purposes e ad onsiclerat'oa there'ra expressed, as the act and gleed of. ''+ Lc and in the capacity therein stated GIVEN UAVER MYHAAD` ND SEAL OF OFFICE this Clay Ar Of J plant ?1'otivy Pithlic in and for The State of Texas ANGELA ESTRADA Notary P� STATE OF TEXAS (&MYCOM-Exp. 0612U2007 f 1, i'li�no IJ� e, STATE OF TEXAS CO UNIT OF TAARAIVT BEFORE ME, the undersigned authority, a Notary public in and F9T the State-of Texas, on this day personally appeared VI IWO ,known to me to be thepersJn whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for thepurposes and consideration therein expressed, as the act and deed of , and in the capacity therein stated N UNDER MTHAMA4ND SEAL OF OFFICE this day Of 20 Aunt Title Notary Public in and far The State of Texas POA OW d Tom w JUNE 005 C • .2p"tl tit i -• �,:1. iL:1.. f C i�y men G- . Cont�cto�sNa�c:�PiV�Ioph-,Pf,� �o L.� Pcint of Contact Rq,tl d A P�10=Numbe<: - � j 1 Tj'-,iilriin�phi 1vt—be::�ri2� �o,� f P=po5--fox CIoMte: i7o r R 4 Ii Bch Dax o End at.: N I T}me o2 T=er according to posted speed Wit: II Tapers�;a 30INA IOR Offset 3oft=ftd== Trners Q 35 N=IOft Offset 35ft Tn= Gc 40 M—PH loft OfEsct 40ft=hL­ � 2� OhM�kr�or}vn .63 X zo i 72 y y • J �Qrk 7Itiltf qT 2— ��(!!ZJPA77_7 CIFELS NOPERTY DAYSLESS , SIDEWALK FEE- SCrT, X X AYS • lT FE� o SQFF. X o3 X f DAYS -• TOT,nL CAI_ R NE) RECE A INtSPLK-TION AMP ALL��wE AR�w Pte... 03 AM.�GiNZ0 A= WdZZ:Co Vo, 0ti AdW 10068 �' ACORD, CERTIIFICATE OF LIABILITY INSURANCE DATE(MMIDD(YYY1) T05/19/04 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 NA1C# INSURED INSURER A-- St. Paul Fire&Marine 24767 Parkway Construction&Associates,L.P. INSURER 8: 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. I D POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD DATE MM/DD LIMITS A GENERAL LIABILITY KC09100120 10/01/03 10/01/04 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TRE_MISESO RENTED $100,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $10,000 X PD Ded:10,000 PERSONAL&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 JECT LOC A AUTOMOBILE LIABILITY KV09100102TX 10/01/03 10/01/04 COMBINED SINGLE LIMIT $1,000,000 A X AtJY AUTO KV091000850S 10101/03 10/01/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ X Drive Other Car PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ PANY AUTO OTHER THAN EA ACC $ �AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WVS9100143 10/01/03 10/01/04 X I TORY WC STATUS LIMITS OTH- EMPLOYERS LIABILITY E.L.EACH ACCIDENT $1,000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If es,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A OTHER CL-Package IM09103004 10/01/03 10/01/04 See Description Below PR,CE, BR DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS "*Supplemental Name' Parkway Construction&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 INSURER WILL ENDEAVOR TO WRITTEN Department NOTICE TO THE CERTIFICATE HOLDER NAM TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 Th rockmorton IMPOSE NO OBLIGATION OR LIABILITY OFA Y KIND UPON THE INSURER,ITS AGENTS OR Fort Worth,TX 76102-6311 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 3 #S47234/M47233 AYL © ACORD CORPORATION 1988 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 �a DATE 5/24/2004 PERMIT#55631 MAPSCO 76D D.O.E.#NA (d 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 HR 24 HR 24 HR 2.W 3RD ST 300-400 THROCKMORTON ST TAYLOR ST 5/24/2004 10/202004 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 8;ASSOCIATES GORDON ALDERMAN CONTRACTOR/APPLICANT CFW CONTACT EMERGENCY CONTACT NAME HARLAN EDDINGTON 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 5/24/2004 FORT WORTH STREET ENCROACHMENT PERMIT Permit #: PC04-00009 Status: ISSUED Date Issued: 06/24/2004 Expiration Date: 10/01/2004 Address: 420 THROCKMORTON ST Addition: FORT WORTH ORIGINAL TOWN Insp: 01 MAPSCO: 0622 Block/Lot: 75/1A Legal Desc:FORT WORTH ORIGINAL TOWN BLK 75 LOT lA PER PLAT A6145 APPLICANT PARKWAY CONSTRUCTION & ASSOC 76102 OWNER SANGUINET BUILDING LP 201 MAIN ST STE 2600 FORT WORTH TX 76102 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