HomeMy WebLinkAboutContract 26939 x
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, herinafter referred to as the "City"' and A ti n Nd
acting by and through its duly authorized 0 No 17 /1ay�ih 9
hereinafter referred to as a
el 3 S/
"Grantee".
WITNESSETH:
e 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
-IIII i:»;Oil ..;..l')c;rari!; :. -'IILI I t;jAl'iI, t.' � :,�.. ,� p �liC of
the space under, on and/or above the streets, alleys, sidewalks or other
public rights-of-way as follows:
7 7,4s P%r , - .Su� a v -v&I-,e Ger e 5-7- 3 /d )66o o,%Tv .
-3 /> S%/� 4 l 13-e Tc.s -e PA-! 71JV1ref er it 4.*"//rU x/
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Ciff C��� �{W�l p
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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, tinder, 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
:01r1 ^,,,n).intQ. by the Rililrlinfr Code of the City of Fort Worth
for teinporduy usc; ur ucc;upaiic;y ui public t,iupuity. 'lilt t�iiniaicu iu�ui
amount of said fee is
as ,C /ooFr X ao FT X 3 AY S
c - a6, — oeva 1 9- oma
ON
Fir, � .
5.
Grantee, at no expense to City, shall make proper provision for
the relocation and/or installation of any existing or fiiture 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 fi.iture 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.
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6.
The term of this agreement shall be for 3 days, from 6,
to ��''-��rovided, however, should the need for the encroachments
to � n ma ediatrl JI
notify City oi: such condition; and, upon receipt ot'such liouce by the
Building Official of the City of Fort Worth, this agreement shall
terminate.
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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 Grante 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 UFFQCBAq
rights-of--way and adjacent supporting structures to a condition CflN SE` RE Y
1171 Mo,-)r_lrf, pEX
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,
A
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
-,fhei' t1:^t . ;�� o- li ibility in ronne�tion v ith wrl? -e ovaI
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or restoration. Grantee Mail reimburse City for Lite cosi anu uxper,se 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
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upon the public rights-of-way following termination of this Consent
Agreement.
10.
It is hirther 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 fillly 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. „
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,
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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 $2503000
Bodily injury or death, per occurrence $500,000
With the understanding of and agreement by Grantee that such insurance
IIITMIPIP� �,,hrlll he rm+vc dl 11PI'V'Ird at City'-, option and that Grantee shall so
revise such amounts immediately following notice to grantee of such
requirement. Such insurance policy shall provide that it cannot be canceled
or amended without at least thirty (30) days' prior written notice to the
Building Official of the City of Fort Worth. A copy of such Certificate of
Insurance is attached as Exhibit "A". Grantee aRrees to submit a similar
OFF0 AIL PECOM�D
11CiTf$EC-G)( Q,Y 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
tl, ..:gid co.--liti.;r- -A-this �r out oft]
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. ORCCIA PBX)
Neu'���V Ely
-- 1 0' 17WMM r Y . 9
EXECUTED This ,5 c day of_ _ , 200 :
GRANTOR: GRANTEE:
CITY OF FOR WORTI �ZVrkC17 9 sy
B BY:
BUILDING OFFICIAL
APPRO T AND LEGALITY:
TITLE
CITY TTO EY DATE:
r
Cif Y SECRETARY DATE:
`,??o llf&-�,i�Ct/haC�
Contract Authorization
Date
psco QD
sky 10
STATE OF TEXAS
CO UAITY OF TARRAAIT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of Texas, on this day personally appeared
,known to me to be the person whose
nanie is subscribed to the foregoing instrtunent, and acknoivled;erl tome
that he/she executed the same for the purposes nd o{{isideratio,r erein
expressed, as the act and deed of �u,`�d,`
and in the capacity therein stated.
GI PE,I' ' UNDER MY HA AD AND SEAL OF OFFICE this � � day
of 20-21.
A fiant
V41-
JIUANITA JOYCE JEFFERSON
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Notary Public
state of Texas N aq Public in to rl fol
Comm. Expires 06-28-2003
Th e State of Teras
FV, � tl
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary!Public in and
Fothe,Stnte of Texas, on this day personally appeared r
,known to me to be the person whose
name is subscri ed 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.
GIVEN UNDER MYIIAND AND SEAL OF OFFICE this _ a day
Of 5.�� , 20-941 .
Affiant —moi
,P,
Title
DENISE ROTEN
Fubilc.Mate of Texa otary Public in and for
1 My Commission Expires
OEC 3,2081 The State ojTexas
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This plan is submitted for TCP. I certify this plan will be used for the following location(s):
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and that all channelizing devices will conform to "General Notes" as shown on the back.
Signature:Ce Date: o?Cj — a 1
CITY OF FORT WORTH TYPICAL ONE WAY STREET °C
TWO - LANE CLOSURE 'Cir
TRANSPORTATION
AND Note:
PUBLIC WORKS _;see reverse-side for G neraLNata and Device_,SRacing—
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2809 North Houston • Fort Worth, Texas 76106-7138•Certified WBE/DBE• www.anchor-rfg.com
(817) 625-4351 •Metro 429-3734 • Fax(817) 625-9709
ACOR 1U�_2
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WRIGHT INSURANCE AGENCY L
HODER. THIS CkRTIFICATE DOES NOT AMEND, EXIEND OR
b2�PO West,Freeway # 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Worth, Texas 76102 INSURERS AFFORDING COVERAGE
INSURED Anchor Roofing Systems, Ltd. INSiFEaA. AT..erican Mfg. Mutual Ins. —�
Iro-LREFe: T_umbernnens Mutual Cas.. Ins.
2909 N Houston Street 1r,.x,R=_R c.. National Union Fire Ins.
FORT WORTH TX 76106 Ir•ISUREr0
817/625-435.1_ _FAX 625=7686 --- !NsukERE:
COVERAGES
THE POLICIES 0=INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSORED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTW)THSTANDING ~E
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 SUBJECTTO ALL THE TERMS.EXCLUSIONSAND CONDITIONS OFSUCH
POLICIES.AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED-BY PAID CLAIMS.
hSR POLICY EFF=CTIVE POLICY EXP1.9A210N
S.T TYPE OF INSURANCE PCUCYNLNBER DATE MURO DATE 41A1/DDM _ LRATS
GENERAL LIABILITY EA:.,;M1 :UnFENCE _ S 1,000,000 I
X CCAA,F_ROAL GDErZAL U.;PIUTY PRE D htaGE(.lny Me h.i; s 50,000
iL+:bt5htl0E —1 OCCUR btcOEN'_rfy"pi,1'r.) 15,000 ---?
A X CONTRACTUAL 5AC042141-03 08/09/00 08/09/01 F'Er;SC(VLSA:)YIr:ArR-, 31,000,000
X CG2503 GEII=.RALf4,;-=-G,-E s2,000,000 j
GEM Ar CAE ATELIM:TP•%PUESP=3r. PWOJCTS—CQti!F7l'PPr,3i 12,000,0007-1 j
FOLIC: FRITE
JE'_T El LQC �I
AUTOMOBILE LIA81Lf^! • __ CGMPJNE^$IPSGLE LIIuI'
x AbyALc0 (Ed6COJON) 1,000,000
ALL OMeD ALTOS
S;91LY II.t.RY S ,
ic'E'DULEOP.11Trfa i?e ws,ni
B x "r E3AUT4; F5D026796-03 08/09/00 08/09/91 3vCML111tLR:
X NON-CNINEO:LT,OS (Fabxidant) 3
• Fnifiz'�Tf GfM�GE 3
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GARAGE LIASLRYA:,T4Ot?.Y._AACC:CF-N! 3
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AUTO 'I)?hEF•THPN EA.4'C 3
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EXCESS LIABILITY EACH C-CWPENCE 15,000,000
X Cd:(:L CLAlk•G MADE AGGFZaArE 35,000,000
3SXOO�622-02 08/09/00 08/09/01 3 .
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CCc'CUi:TIE:= 3 .
x cv-.-,irxc i s 10,000 s
WORKERS COr�:FEHSAr.ONAW X � ••:•
Ti•�S�LII.A1; _k
F1dPLoras'uaelur 5BH043217-02 08/09/00 08/09/01 E.I. EACHA:CItKT :500,000
A EL 0SEASE-FA EOPLCYEE- s500,OOO
ELOcFAz!-PCJC UTAT 1500,000
B OTHIER IN MARINE L31AT642007-03 08/09/00 08!09/01 LEASED EQUIP $150,000
INSTALLATION 650,000 PER. OCC $25,000 STORAGE
$25,000 IN TRANSITrOPSCRIFTION OF OPERATOf,S.'LGCATIONSIVEHICLEVFXCLUSIOriS ADDED 8Y ENDOR3EIdEATJSFECI AL PRCJISIONS '
PROJ:WORTFINGTON HOTEL REROOF,200 M,3IN ST, FT WORTH. CITY OF FORT FORTH 6
RANDY BURKETT INCLUDED AS ADDITIONAL INSURED ON GEN LIP., AUTO LIA &
UMBRELLA.
CERTIFICATE HOLDER AeiITIONAL INSURED:INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRZ EC POLICIES BE CnrICELLEC EEFORE THE E.&PIRATION
C lTY OF FORT WORTH GATE THE.4E0=,THE WSLIING Ir13URER ML ENDEAVOR TO W-JL 30 DAYS',SWTTS:!
- ATTN: KIM - NOTICE TO THE CERTIF CATE HOLDER NweD TO THELEFT,BUT FAILURE TO DO SO SHALL
1000 THROCKMORTON �y DAPOSE NO GBLIGATION CP.LKSiLrP.'OF ANY KIP)UV%I THE INSURER,ITS AGENTS CR
FT W&TH Th 76012 - REPRESLEEIVE S. ,A
ALITHOrlaEO R`PRESVITATIVE
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ACORD 25-S(VOT) OACORD CORPORATION 1888
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