HomeMy WebLinkAboutContract 26387 CITY SECRETAR`(
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 Am ego a Res a
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acting by and through its duly authorized Qsa ,o Td y-Qiz sig Y
ple -P si '�:, -e ',i , 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: /3 d ° a2 01
W m RTN/-S.ti%v ti A.U.)-w- I RUO W-4 i iv fT kol d!2T/f TIS
d v 7 cos s-7- .3 P J w P ..r ov l �T �'r13 s-e e_ 0 •u 0
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 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
amount of said fee is `` �'
TO-? (DO x ago X. n a x YO
W x 1 - 500 = 2t _ 270%. . o a x 3L= 19 y. y o
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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 tern of this agreement shall be for _days, from All" -3 O
to provided, however, should the need for the encroachments
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.
CRY MfGPlSW E 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 "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 1 t1 t
specifications, and Grantee shall remove all barricades eduipwupff
supplies, materials or other property from said locatio . -Grantee- u th'
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
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 enforce
penal sanctions prescribed by the Code of the City of_ ___
the laws of the State of Texas for Grantee's continued el�� ��� � �°r�
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ff I" Eli
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
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. )FRCk RECORD
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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 $250,000
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 (30) days' prior written notice to the
Building Official of the City of Fort Worth. A cop), of such Certificate of
Insurance is attached as Exhibit "A". Grantee a,ereps to subant-a ilar
FFF cc's � Lc,E(C 00
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
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.
9
Off Ma� °PY
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EXECUTED This__ day of —52000.
GRANTOR: G TEE:
CITY OF FORT WORTH
BY: BY:
BUILDING OFFICIAL
APPR ED T()-FORM AND LEGALITY: L
TITLE
CITE ATT EY DATE:_ 1111211:90
CITY ACRETARY DATE: 6
No w4c ���u►QED
Contract Authorization
Date
10
STATE OF TEXAS
CO UNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary _ ublic in and
For the State of Texas, on this day personally appeared_ n
eiSl ,known to ire to be the person whose
name is subscrib d 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 DER MYHANDND SEAL OF OFFICE this d day
Of , 20
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itle
Notary Public in and for
The State of Teras
ti'P�•p�ei DENISE ROTEN
Notary Public,State of Yexas
My commission empires
;r f;
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For he State of,Texas on this day personally appeared
�c�lr1 ,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 narposqs and const ration t erein
expressed, as the act and deed ofix ( n� O • cl
and in the capacity therein stated.
GI N UNDER MYHAND AND SEAL OF OFFICE this 3 day
Of , 200J: _ .
Affiant
Title l
Y' JUANIIq JOYCE JEFFERSON Not Public in a for
StState
to V biic The State of Texas
o►,.+ C of Texas
gym. Expires 06.28-2003
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�CORD CERTIFICATE OF LIABILITY INSURANCE DATEitd'dhOifV)
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,-- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LUCIA. 4�`R.Ii ET I1v CRANCr, AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
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120!' West Freeway 0 2CO j ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
fort Worth, Texas 76102 r
INSURERS AFFORDING OVERAGE
INSUR=_C Ancnoc Roofing Systems, Lt a. _r_- Atr_erican Mfg. MlItual Ins. _
TUMberrr,ens Mutual Cas. Ins.
2909 N Ho::ston Street =e _ National Union Eire Ins.
a FORT WORTH TX 7E106
1317/ 25-4551 FAX 625,7 80
COVERAGES _
THE E POLICIES 0=INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IrNSLJR_D NAMED A.2OVE�'), P,THE POLICY PERIOD INDICATED.NOT'N`iTHSTAND!NG
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR O-HER DOCUMENT WITH RESPECT TO WI-ICN THIS CERTIFICATE MAY PE ISSUED OR
PAAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
4 POLICIES.AG3REGATE LIMITS SHOWN MA.YHAvE BEEN REDUCED Bi PAID C.A!l'ds.
"!NSR PO.ICY EFFECTIVE PO,LTV L
EXPIRA�IOfd
LTR TYPE OF I"15URPI�CE POLICY NlA18ER DATE!MN/COIYVI ! DATE MA71DD1Y" RM75
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6 GTH9R IN MARINE 3AT642007-03 G8/09/GO 108/09/0: LEASED EQUIP $150,000
INSTA11AI'IOf1 $650, 000 PEP OCC ( $25, 000 S'TOPAI E
COC IN TRANSIT —
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CERTIFICATE HOLDER Tj ADDI-IONAL INSURED:TJSL;RER L_T'IER. CANCELLATION
—N I SHOULD ALY OF THE ABOVE DES&_RIEEC POLICIES EE CANCELLED EEFORE THE E<PIRAT:ON
CITY OF FOaT WO I T}i GATE THF-FO- TSE 18SUIiJO INSURER WILL ENDEAVOR TG M/-IL 30 DAYS'✓'iRi RE:a
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FT `iAICR`I'.'! TX J 6 I REPRE3EN-A-VES.
AUTHOF'2EO REPRESENTATIYE
-- _- - _�...v��—.
ACORD 25-S(7197) 'j '!�, ul O R TION 1998
0
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
DATE 10/27/200C PERMIT#5581 MAPSCO D.O.E.#
(if applicable)
STREET BLOCH FROM TO DATE TIME M-F TIME TIM]
TWGIN END SAT.
I,HOUSTON IST 2ND 10/29/2000 12/02/2000
2.
3.
4.
5.
TYPE OF WORK TO BE PERFORMED: (check all that apply)
❑ RESIDENTIAL ❑ COMMERCIAL(SITE PLAN#
❑ CURB/GUTTER ❑ DRIVE APPROACHES ❑ SIDEWALK OTHER
❑ HANDICAP RAMP ❑ STORM DRAIN ❑ UTILITI(TYPE
OBTAINED ENCROACHMENT PERMIT TO PLACE DUMPSTER ON STREET. ADVANCED WARNING SIGNS REQUIRED.
THIS PERMIT IS GRANTED TO THE CONTRACTOR UNDER THE FOLLOWING CONDITIONS:
• ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARDS SPECIFICATIONS FOR
STREET AND STORM DRAIN CONSTRUCTION INL—N UAL"
• ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND INLAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC
CONTROL PLAN(TCP)SUCH AS SIGNS,BARRICADES AND WARNING LIGHTS TO SAFEGUARD THE PROPERTIES AND PUBLIC
•
CITYTRAFFIC ENGINEER AND/OR INSPECTORS DLAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES
ALL D,%-NLAGES TO PUBLIC OR PRWATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL,
• INJURIES ON WORK PERFORMED UNDER THIS PERMIT iVILL BE THE RESPONSIBILITY'OF THE CONTRACTOR
A 24-HOUR DECISION-.NLAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL
• BE PROVIDED
IT IS C1 DERSTOOD THAT I7OL4TIONS OF THIS PEP 111T tL4 FRESULT LV THE RE1 OC4TION OF THE C0.VTR4CT0R'S LICENSE
CONTP4CTO:R IS REQUIRED TO H.4:T THIS PERI f77 A.VD TF 41-TIC CONTROL Pl4\'.4T THE 40RK SITE AT ALL TL1 fES.
THIS PEP IT IS ISSUED LV ACCORDAVCE;;7TH AV PPRO rED T?.-LFT-1C C0`-TROL PL.4 VtTCPI
ANCHOR ROOFi\G
CONTRACTOR RMIT ISSUER
EMERGENCY CONTACT NAME Fn RFlc1\C,nR c,r\a ra\1:F_R51 FY
24-HOUR PHONE 625-4351 FAN 625-9709 MOBILE PGR#
CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AT THE NN'ORK SITE AT ALL TIMES.
THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN.
INSPECTOR SIGNATURE FojTW(LPvTH DATE OF FINAL
---errrgMlllr 11MMM ii I /d', C'
II U�
KY-DI
�ISWo
CITY OF FORT NORTH
TRANSPORTATION AND PUBLIC WORKS
STREET USE PERMIT
rE I0/25/2000 PERNIIT# 5432 NIAPSCO D.O.E.# None
(if applicable)
STREET BLOCE FROM TO DATE TIME M-F TIME TIDIE
SAT* i
iousten Street Second Weatherford 10/29/2000 10/29/2000 7 AM-7
PM
TYPE OF WORK TO BE PERFORMED:(check all that apply)
❑ RESIDENTIAL ❑ CODIDIERCLAL(SITE PLAN#
❑ CURB/GUTTER ❑ DRIVE APPROACHES ❑ SIDEWALK OTHER
HANDICAP RAMP ❑ STORM DRAIN ❑ UTILITlt TYPE
plete street closure. Placing material on top of roof. OK Per attached Traffic Control Plan
THIS PERMIT IS GRANTED TO THE CONTRACTOR UNDER THE FOLLOWING CONDITIONS:
• ALL WORK IS CONSTRUCTED TV ACCORDANCE WITH THE,CITY OF FORT WORTH'S"STANDARDS SPECIFICATIONS FOR
STREET AND STORM DRAIN CONSTRUCTION MANUAL"
• ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND NIAINTALNED AS SHOWN IN THE ATTACHED TRAFFIC
CONTROL PLAN(TCP)SUCH AS SIGNS,BARRICADES AND WARNING LIGHTS TO 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 PERAIIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR
A 24-HOUR DECISION-NLAKING CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY
• SHALL BE PROVIDED
ITIS UNDERSTOOD THAT V10LATIONS OF THIS PER4fIT MAY RESULT W THE REVOCATION OF THE C0NTR4CT0R S LICENSE
CONTRACTOR IS REQUIRED TO HAVE THIS PERVIT A ND TRAFFIC CONTROL PLANA T THE 11 ORK SITE AT ALL TIMES
THIS PER-WIT IS ISSUED 1 V ACCORDANCE 1VITH AN APPROVED Tk4FFIC CONTROL PLAN(TCP)
Anchor Ronfino
CONTRACTOR PER\- T ISSUER /O�� !0]
EMERGENCY CONTACT NAME Fd Reicino /
!4-11OUR PHONE 817-625-4351 NIOBILE 817-8194407 PGR#
CONTRACTOR IS REQUIRED TO HAVE THIS PERDIIT AT THE WORK SITE AT ALL TIDIES.
THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN.
INSPECTOR SIGNATURE '� � �N
FojTWijPNLTH DATE OF..-- u u u C' w u�15US II