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HomeMy WebLinkAboutContract 26938 CONSENT AGREEMENT SECRETARY FOR CONTRACT L-2f L 8 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/,9A--,c�6 �c7�`/G 7 s Y S;?;- acting by and through its duly authorized L'ti ra 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 faithfid performance of the mutual covenants herein contained, City hereby grants to Grantee Oar the space tinder, on and/or above the streets, alleys, sidewalks or other Public rights-oilway ?,a follows: L) ,e VO 5 7A v iT4 A, T 3 d cq /�o u s 7-c7 •v The location and description of said encroachment is more particularly described in Exhibit `B" attached hereto, incorporated herein and inade 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 teiuporary privilege of encroaching upon a portion of the public rights- of-way as described in Exhibit "B". Said fee is calculated in the manner `?�1(� �!?1n►.111t� 1�1+'e�,'jt��!� hl/ the P11jJf inr,. Code of the, City of Port Worth loi'teInporary use ui, Occupancy of puuiic; [)I 01JUt iy. 'i ie CSS liaiL;u iuLui amount of said fee is "1 19 le Ile 1'Yl �1 � �n u M � r� CO ti% "Ct 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 fiiture 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. rr The term of this agreement shall be for--L—days, from 21" ° 1 to '� '','provided, however, should the need for the encroachments iii t; a- (1' �ntee to im111ediat(',1X1 notify City ol: such condition; and, upon receipt oT suclh iwtice; by file Building Official of the City of Fort Worth, this agreement shall terminate. _UrQD 3 I- Flu, 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 pt1blic streets, alleys, sidewalks or other rights-of- way. 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 snaking 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. . Upon expiration or tennination 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 existingM �, a„p specifications, and Grantee shall remove all barricades, equipment, rV' ��'; ( QV ,J TH pet. supplies, materials or other property from said location. Grantee fu 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 perfonned 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, ti 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 .� ^ ;� h ' �nlF-.111r ,[1 tion with gllrh 1emova1 ✓ or restoration. Grantee shall reimburse City for the cosi and Oxpei,se ul` 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 5 0 upon the public rights-of-way following termination of this Consent Agreement. 10. It is fiirther 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. EXPINA1111 DISCORD 6 �o ''u�_�UJIJ Ut51�e 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, M -GQ®ix, 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 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 occurrence $100,000 Bodily injury, per person $2501000 Bodily injury or death, per occurrence $500,000 With the understanding of and agreement by Grantee that such insurance IHmnimts shall be 11mwird -,it (`ity'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 OFFICU I G? ,";'00m 8 CO PV�rr( 1�1� 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 A successors and assigns. 18. Should any action, whether real or asserted, at law or in equity, arise OU'L 61rd _ 1 ; , ,;,,, r this ,:�;rcc.r.�.�+ nr out of the occupancy of City property as perinitted 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. rV UU IIr NN�IV C'��Y VEX EXECUTED This � `� day of L , 2000. GRANTOR: GRANTEE: CITY OF FORT WORTH s Y-,�r �. .� . BY:- BY: BUILDING OFFICIAL APPROV TO F RM AND LEGALITY: TITLE CIT 17SRNEY DATE: CITY SECRETAR A DATE: 4u J Contract Authorization Date JAI(II u'v 8 cl l� P cEW@ 10 4�i r rel� U STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, allotaryP(rblic in and For file St( of Terus, oil this day personally appeared _l 1 U3 1, ,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 the ctrp��s si � and con i on the ein expressed, as the act and deed of � c , and in the capacity therein stated. GIVEN NDER MYHAAD 4 ND SEAL OF OFFICE this day of --, 20 . 049 Affiant CIII-I JOYCE JEFF° Notary Public �{�Z State of Texas CF„o ;� Comm. Expires 06.28-2003 A ar►'Aublic in a(trhf0,V The State of Teras 11 1RMA Qv STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a NotaryPe-blit in and For tl State of Texas, on this day personally appeared e(S+n(, ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged tome that he/she executed the same fur thptr posesAnd nsideration therein expressed, as the act and deed of_ �DC't"�C!C lvlc and in the capacity therein stated. GIVEN UNDER MYHAND AND SEAL OF OFFICE this _ 5 day Of U .� , 20 ' . Affiant Tills ;.........8 DENISE ROTEN Notary Public,State of Texas Notary Public ill and for MY commission Expires The State of Texas r; 12 000 �l 'u ,-U;fL511Gi1U1 U i �� 7 ANCHOR ROOFING SYSTEMS LTD. UM g^�R MTRUCTtONS)) ME I A I Sa? urge Dti"/u 4 I 3 9,0 P S ry t LA Ile- AV Q� I� q �Eir�'iP d,t r N v A,7 U N D I S I L-t-A.9 Ise g ,�Prrl TEMPORARY OCCUPANCY OF PUBLIC PRA `�' (' "ORE THAN 3 DAYS h/d u-.,7-.o Z DAYS OR LESS -t °0 SIDEWALK FEE- S9FT. X X L STREET FEE . _, —DAYS • = S9FT. X D � X . AffS . TOTAL —�+o---r uf('��CBQd G�[C©G°?� CIA,��C �� Al o u 57o iu S i r2,e -4 T 2809 North Houston • Fort Worth, Texas 76106-7138 • Certified WBE/DBE• www.anc ° ��-'�°`.���y �� (817) 625-4351 •Metro 429-3734 •Fax(817) 625-9709 Dare Ir•I;,vDDrrvl ' �AC0RDCERTIFICATE OF LIABILITY INSURANCE ( l0!25/200o PRCOUCCR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO-N—j LUCIEA; WRIGHT INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1200 West Freeway 0 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Port Worth, Texas 76102 r INSURERS AFFORDING COVERAGE INSURED Anchor Roofing Systems, Ltd. IftS15ERA. American Mfg. Mutual Ins. _ Ir0JREFe: Tumbermens Mutual Cas, Ins. 2-909 N Houston Street :I'51p-RC National Union Fire Ins. FORT WORTH TX 76106 ur_vaec c 817%625-4351 FAX 625=7886 --_-- 11.ajI2_P.E. COVERAGES THE POLICIES 0= Ii:SU INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE RED NAMED ABOVE FOP.THE POLICY PERIOD INDICATED.NOTWITHSTANDING E A!lY R=OUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 0:2 MAY PERTAIN,THE INSUIPANCE AFFORDED BY THE POLICIES C:ESCRMED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH { POLICIES.AG3REGATE LIMITS SHOWN IAAY HAVE BEEIJ REDUCED BY PAID CLAIMS. IPISRPOLICY EFF-CTtVE POLICY EXPRATION LTR TYPE OF INSMAJICE PCLICYNUMBER DATE MMICDlYY DATE r31M/DDlYrI LIrAT9. GEWRAL LIABILITY - EA::HC.':O;f.ENCE 111,000,000 ` X COMMERCIAL GE ERAL LIABILIT! F'F,E C�:f.t (.Any one fisc; i 50,000 � CL 1:NG 6FDE X❑CCCLIR NIED Eu=:P•ny c.^;Peron; 115"000 I A X CONTRACTUAL 5AC042141-03 08/09/00 08/09/01 -EF 5-:1 L'L 6"Ov lto.p*; 51,000,000 ' X CG2503 GENERAL AOcR—Eur-E s2,000,000 ; '3=rP AUGF:E-iATELWITAPPLIESPER, FRfICUCTS•C-VtFQ'PA.L3➢ 72,000,000 FOLIC'.' F'Hx_ %� JE..T LOC _ AUTONOBILE LIABILITI' _ --. COb121!iE_SIFV IGLE MIT X Ar,Y sJ (Ea acc.14N) 1,000,000 ALL O✓YTED AUTOS IF)DILY If:kfiy ':Ch7-0UL E O AL4::g (PC.,ca scnl fi x .KED?UT;); F5DO26796-03 08/09/00 08/09/00 a,;nlullut~: X MON-OviNED:LTiO; _ iFar 6:cidinc! S jFcf J:uCa X; GARAGE LIABLITY A:.JT•JOI,LY. PN';A.:JTO TnER T,M 4'ITOONLY A33 I EXCESS LIABILITY _ EACH CCCIJ.'REkw'E 15,000,000 X CCf_L� CL.AIkZiML3CE Ari%4E?AT� 35,000,007 3SX005622-02 08/09/00 08/09/01 3 K K CCE CUITIP-= _R{ 3 �E:4TICN S 10,000 S �VL YiDRKERSCCh1FEFISATONA��iO ?i Ti21ilftl�S eR I RIPLOYcRS'LIA8IUPl 5IIH043217-02 08/09/00 08/09/01 EL EACH Ar-Cl-DEG-1 :500,000 `• A El DSErS=-E.AELT-LCYEE %500,000 . EL DSEASE-P':LIC'rLILUT 5500,000 1 g GTH=R� IN MARINE 3AT642007-03 08/09/00 08/09/01 LEASED EQUIP $150,000 INSTALLATION $650, 000 PEP.. OCC $25,000 STORAGE $25,000 IN TRANSIT FDESCRIFTIDN OF OPEP.ATONS,2OCATIONSNEHICLE S'EX.CLUSIONS ADDED ISFECIAL PRC VISIONS PROJ:WORThINGTON HOTEL REROOF,200 MJN ST, FT WORTH. CITY OF FORT WORTH � DANDY BUKKETT INCLUDED AS ADDITIONAL INSURED ON GEE LIR, AUTO LIA & UMBRELLA. CERTIFICATE HOLDER 'ADOrIo"IAL IriSURED;iHSLREP LETTER. CANCELLATION SHOULD ANY OF THE ABOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH DATE THFAEOz.THE I:SUING INSURER"&L ENDEAVOR TO lov-1L 30 DAYS%%R-11 AT TN: KIM N3710E TO THE CERTIF CAPE HOLDER-NAMED TO TH£LEFT,EI FAILURE TO DO SO SHALL 1000 THROC KMORTON IMPCSE NO=eLIGATION GR LIASUP OF ANY KRA)UfyON THE INSURER,G5 AGENT'S CR ET 11ORT,4 TX 16011 REPRE3£N-AT-VE3. _ AUTHOFt:1ED.4_`?RESEM1ITATIYEL -- _ _ FAX 817/871-8105 ACORD 25-S(7197) ORATION 1988 L END E ROAD WORK AHEAD END ROAD WORK a I � I � I I � ,I ! I o i0 i Y Q �sQ � ° I ° I LL Z ° LL. k I -CD ° o °O J RIGHT LANE O I CLOSED s I O AHEAD Q O z O a x� RIGHT LANE CLOSED END I I i7 AHEAD ROAD WORK X ROAD l� 1J r`Vq WT a f t WORK STS AHEAD C:) This plan is submitted for TCP. I certify this plan will be used for the following location(s): N 02 Ny S T 2 e-c.1 15 --e-Tiqy -e w 7-/It?ci e to Off K Tn v — A/c,u -57'o w and that all channelizing devices will conform to "General Notes" as shown on the back. W Q o Signature: _!�> Date: CITY OF FORT WORTH TYPICAL TWO WAY STREET TRANSPORTATION ONE LANE CLOSURE AND Note- PUBLIC WORKSSee rev me side for Genera Motes and Devi ceSpaciog— C,i!I Ur `CrLS.;Ue1LSUWW� ��}yp'rr�,�7 T�. •a b�J`,�G�_