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HomeMy WebLinkAboutContract 26937 F y CONSENT AGREEMENT CITY SECRETARY FOR CONTRACT NO. 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, herinafter referred to as the "City"' and 4,!S? 10/40 ,? kcO cl,'C� y S K--77--e A# 5 ( Tis acting by and through its duly authorizer)AAA Q W134 xy s Y-7'le 0 s L ry , hereinafter referred to as C,-D /z-e" se q "Grantee". re -7 jC/ WITNESSETH: 7 1. For and in consideration of the payment by Grantee of the charges set out below and the true and faithfiil performance of the mt.iti.ial covenants herein contained, City hereby grants to Grantee j-)'A1lii:iL;1kill the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: 3 f a goo s 7-a- A, 3 ,P i�--> S T 2 2 e.�.� 7W R d C e/9-7 d/SOP A/ &•y c-N /SSU u 5 T© �✓ FRCIA PK,0uD) Cf fi Cii� EiEA QD Y Ft t yaa 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. 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 feeds calculated in the manner filld :-1»(,11111 prrcrrihPd by the Pilildinfr Code. of the City of Fort Worth for leinporaLy use or occupancy of public p OIJUILy. 'Mie CSiitti<dVU' iu<«i amount of said fee is GZ o. NLU r � �JIil , U �� o 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 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 by City. 6. The term of this agreement shall be for days, from_ to7'��'O�;provided, however, should the need for the encroachments of:1Cti.' :1G!' at an 11:1 to notify City oi: 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. S. City, through its duly authorized representatives, shall have the fiill and unrestricted right to enter upon all public rights-of-way for the Purpose of making inspections to determine compliance with the terms, v 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.. Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the public OFF-K Al EIwUR-i 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 4 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. 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 1"*o!..'')"':: . - ICJ' (�:^1i; 1y C`. !;n,Nl?ty j►i coll ier,tinn with wrli removal 1 J ✓ ✓ or restoration. Grantee snarl reimburse City for the cost arra cxper-Ise of such removal and/or repairs immediately following billing for same by City. 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 OUN fat upon the public rights-of-way following termination of this Consent Agreement. 10. It is firrther 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 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 or by any federal, state or local statute, law or regulation. ME ?® 6 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. 14. Grantee covenants and agrees to indemnify, and does hereby indemnify, 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, including death, to any and all persons, of whatsoever kind 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 caused, in whole or in part, by alleged negligence of officers, agents, servants, G �u�D M1GY 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, licensees, invitees or trespassers. 15. Grantee agrees to fiunish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of x 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 occurrence $100,000 Bodily injury, per person $250,000 Bodily injury or death, per occurrence $500,000 With the understanding of and agreement by Grantee that such insurance .iIM >>,1t5Z �,11-111 he rrvi"rd 11J)"wird 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 "A". Grantee agrees to submit a similar ,()FR,YOv/iI �DICOO D 8 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 encroachments 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 Jlli Of th C,-r:1:1is ' '1'..ra� OI' 011t Ofthc LSC and Occupancy of City property as pern-utted hel-eUn ler, venue for said acLion 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. M f EXECUTED This !, day of_ , 2000. GRANTOR: GRANTEE: CITY OF FOR ORTH ,4 Al(' .0 �F'G- s BY. BUIL NG OFF 1AL APPROVED TO FORM AND LEGALITY: 0� TITLE CITY TT'O EY DAVE: CITY SECRETARY DATE: L . - Contract Authors ation Date QD C V L10 v a ULSWo STATE OF TEXAS COUNTY OF TARRANT BEFOREME, the undersigned authority, allotaiyPublic in and For the Slate of Teras, on this day personally appeared ,known to me to be theperson whose name is subscribed to the foregoing instrument, and acknowledged to me that lie/she executed the same for the proposes and consideration therein expressed, (is the act and deed of , and in the capacity therein stated. GI VEA UNDER MY.HA1YD AND SEAL OF OFFICE this f C) day of Aflant JUANITA JOYCE JEFFERSON �+t NotarY PUIDIIC a State of Texas �OF Comm. Expires 06-28-2003 A' ary Public int 1d for The State of Texas I1 �: r STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Pu lic in and For the St-e-of Texas, on this day personally appeared 1` ,known to me to be the person whose name is subscribed to t ie foregoing instrument, and acknowledged to me that he/she executed the saute for the pur oses ud consideration "herein expressed, as the act and deed of.-CQ* w \A Ia x► , and in the capacity therein stated GIVEN U ER AMIAND AND SEAL OF OFFICE this (P day Of 20-q—. �t Affrant _7'ttl� T SPY` DENISE ROTEN Notary Public in and for Notary Public,State of Texas The.State o f Texas My Commission Expires DEC 3,2001 12 �n l LL .•. ..k ROAD WORK I ( ( ROAD WORK O O O I ( I000 O O O O IO O � c YQ �W n o O 1 i LL() 0 I �N 0 0 o I i 01 CLO CLOCLOSED +I J RIGHT LANE 0 SED n I RIGHT LANE AHEAD AHEAD a d I N o0RIGHT LANE RIGHT LANE 00 CLOSED CLOSED 0 AHEAD AHEAD 0 m I I I 00 _ Z ` CL X rn E M ROAD 9 ( I 1 I Q if m WORK AHEAD v X X Q ROAD WORK MHGAD�' CD This plan is submitted for TCP. I certify this plan will be used for the following locattono CD L= ITA S /al Ive P- 3 1 0? h/v v 57d w 3 /t 72ViPc9 C/e/*1 0 f Td "1 7-v o C, w and that all channelizing devices will conform to "General Notes" as shown on the back. o Signature: Cy �.Q / Sl Date: CITY OF FORT WORTH TYPICAL ONE WAY STREET TRANSPORTATION TWO -LANE CLOSURE AND Note: PUBLIC WORKS Seeleetse_side_fatGen � eraLWDfas�andrice.Spacing— PLAN "B" ANCHOR ROOFING SYSTEMS LTD. '4 4) Ave-47-4 ir I I� 1 w T ( C :w U a I I O LLJ C: 3 Q Qom, J z 2 } /� C' co G S -e 0, r --e 1. X !KDirid W SJ " U/�N a -e �fCL N X XL -% a0 loo'x Z4' c0 v� m y N J N1> N n gofl-1 2809 North Houston • Fort Worth, Texas 76106-7138 • Certified WBE/DBE• ww 9 l'W (817) 625-4351 • Metro 429-3734 • Fax(817) 625-9709 ACORL) CERTIFICATI )F LIABILITY INSURAWr 'rDATE(I40D`"' 10/25/2000 1 PRODUCCR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LUCIEN WRIGHT INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1200 West, Freeway 41 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. L'ort Werth, Texas 76102 INSURERS AFFORDING COVERAGE r,suR O Anchor Roofing Systems, Ltd. � IM:Si5ER4 American Mfq. Mutual Ins. IIIaJkEF.e: ?umbermens 1✓Iut.r:a1 Cas. Ins. 2909 N Hou9ton Street u,suRERC. National Union Fire Ins. FORT WORTH TX 76106 N-rUREFL 1817/625-4351 FAX 625-7886 INSIJREPE. COVERAGES ..�. ._.__.._.�.� THE POLICIES G=INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSORED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING Ply RHQU,REMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O,R ' MAY PERTAIN,THE 614S6P,.4ICE AFFORDED BY THE POLICIES f ESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH f POLICIES.AGGREGATE LIh11TS SHOWN I4AY HAVE BEEN REDUCED BY PAID CLAIMS. :ISR POLICY EFFECTIVE POLICY EXPIRA11ON 1 LTR TYPE OF INSURANCE PCLICY rIIl.IBER DATE MMJCDIYY DATIAIIDOIYf _ LIr.C75 G EWP..LL I IAZWY 11,000,000 X O]MLIERCik GDERAL Li.;21V T'r F'AF.C MDC{(Any Dia h:.1 S50,000 :b6 b"LOEFx C•CCUR IdEU E-w I,ry ork piri n) 1 5,000 A X CONTRACTUAL 5AC042141-03 08/09%00 08/09/01 r'EA5CtIALsP.DVIWOF.7 11,000,000 X CC2 503 GENERAL 4;13RE,3.-E _ t2,000,000 GENLA-,iZ.E ATE'LIMIT A%FLIESPER cKCU:'T5-C.CavuQPAv; 12,000,000 :' PW) FGLIC %{ JE..T LOC AUTOMOBILE LIABILITY CGb;BINE^SlrkiLE UW'. x A1,YALrO (Eaecodant) 11,000,000 ICL ON7EDAUT�S 6,D LY II—'I-FFY 1 "sCncDULEO AJT4S i'�'Calgnl B x HRE0AUTW F5DO26796-03 08/09/00 08/09/01 -3•XCHL)RLlA:• X F'Ff G:c ldam) t PAOPEPTY GAN14W 1 jFSf Jl,uo•lI) GARAGE LIABILITY AUTO OILS' 4?p_iGEt[I S ?!v'fF:JTJ JTHEP.rAN E;.4_C i 4JTO G1vlY: !�y ; EXCEE.'S LIABILITY - FACHGCCU:REi.CE 15,000,000 X -'C%.p. C 'llGltiGE AGG E:iArE 15,000,000 3SXOOP�22-02 08/09/00 08/09/01 1 I ! C CIEDIJOIE= s 10,000 4 ! r Yi'�RKERS COMFENSATON AND TCR1��I4G�n _k EhIPLOYERS'LIABIUT' 5BHO43217-02 08/09/00 08/09/01 EL EACHACgDEr:T 1500,000 A EL C+SE.�Se•FaEIdFt01EE 5500,000 E L OISEAc-P;LI C',LILI;T S 500,O00 j F C'T)I=R IN MARINE 3AT642007-03 08/09/00 08/09/01 LEASED EQUIP $150,000 INSTALLATIOI•I $650, 000 PEP. OCC $25,000 STORAGE t _ _ $25,000 IN TM43IT ~DESCRIFTI1ti OF OPERATORS.'LGCATIONSNEHICLE£iEY.CLUSIONS ADDED B'/ENDUR3EbtEr.TISFECIAL PRC'YISIONS PROJ:WORTHINGTON HOTEL REROOF1200 MAIN ST, FT WORTH. CITY OF FORT FORTH S i RANDY BURKETT INCLUDED AS ADDI'T'IONAL INSURED ON GEN LIP., AUTO LIA E ' UMBRELLA. CERTIFICATE HOLDER I 1ADCA IOMAL INSURED;WSLRER LETTER: CANCELLATION y SHOULD XN OF THE ABOVE DBSCR12EC POLICIES BE CANCELLED EEFORE THE EXPIRATION 1S C.1TY OF FORT WORT14 DATE THSAE0=,THE NSLIING INSURER JJILL ENDEAVOR TO WJL DAYS wwrm.-4 - ! ATTN: KIM NOTICE TG TILE CERTIF CATE HOLDER N3,h1ED TOTHE LEFT,SLIT FAILURE TO DOSO SHALL 1 1000 THROCKMORTO I I.wP CSE NO CELIGATION GP U.4SiLM-Of ANY KIND UPON THE INSURER.171 AGENT'S OR FT WOJR T:( TX 16111 REPRE3EtITATIVE3. LA�HOi7�iEOR.EPRESENTATIVIE p fj11 , IEAX 817/8/1-8105 {f,,•� (J�/ ACO_RD 25-S(7)97) O ACO+RD CORPORATION 1999