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HomeMy WebLinkAboutContract 26900 CITY SECRETARY CONSENT AGREEMENT CONTRACT NO. _ v7Cf 6� 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"' anda K e r/oe fe v,r.ti 9 sy57--Pmr s cry acting by and through its duly authorized A Nr No/Z .t°g02f � y x ` 7 7-P , hereinafter referred to as �l , / "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 lm.itual covenants herein contained, City hereby grants to Grantee of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: U N O 2 d• fs Ti¢o eZ4 —7- 3 0 0 /J u u s //5 � LI-4 r/e /I N I> 17A</r',-(/.0 g 64 tie 1-3 4 J'w -e -e .v 77f/Zd e LLQ U r7DW �4 N 4> lVoV 5r e I✓ X /o FTX 3 o v,qY,s ~,JG�_ G A, e'er io ,V.N e H VET1 33- 1'yre7--arz 3,R�?6 - -79',' ] — 3s'A'✓' 3ov��' S .... 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. x 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 ,Irl hrrerrih0rl by the Rililding Cede of the City of Fort Worth for leinporary use ur Occupancy of pciuiic piupwq. 'iiic csiiiii'LdUd Lu<<ii amount of said fee is G &0' �— Pu u �? ;,: 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. X 6. The term of this agreement shall be for_ = .—days, from. 9` to _7`o provided, however, should the need for the encroachments at 1!1.x' lira­ O `ul"oe to imilled i.gtely notify City of such condition; and, upon receipt ol"sucli notice; by iiie Building Official of the City of Fort Worth, this agreement shall terminate. la Ply 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, w 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. . n Upon expiration or termination of this agreement for any reason....,,,_ whatsoever, Grantee shall, at no expense to City, restore the public J p 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. 5 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, x 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 111 1 ,c Or ill r'r'illlertinn "vii 1 'Zllr'h re-1110val or restoration. Grantee sliatl reimburse CiLy for Lire cult arru expense ui 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 _ v UYuD 5 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 v 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 firlly 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. K 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, �'E'�UULL' C4 � c;EIIS A Ely 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 fiu•nish 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 da>rnage, 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 +IYIMIJnt�' X11,11 he r(-wi-7ed upward at _'ii},'s nl�tion sand 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 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 K successors and assigns. 18. Should any action, whether real or asserted, at law or in equity, arise Out of tl,:� r,.)r out of tl-)(� l,ce and occupancy ol•Uty 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 a, VIN Yrg0 EXECUTED This. day of_ J�L:� , 2000. GRANTOR: GRANTEE: CITY OF FORT WORTH BY:I BY: BUILDING OFFICIAL API'R LD RM AND LEGALITY: TITLE CI ATTORNEY DATE: CITY SECRETA K DATE: -..:ontr&Ct Authorization .)ate L` 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Nota y Public in and ForIre State of Texgs, on this day personally appeared C C o 1�5 r r-) ,known to nre to be the person whose nrrrnre is snrbscribed to the foregoing intstrunrerrl, acrd acknowledged to ane that he/she executed the sanne for thepurpose- and conside�rQtion therein expressed, as the act and deed of '� �� i and in the capacity therein stated. GI ;-A' UNDER AMHAt`D AND SEAL OF OFFICE this 41,flay Of t 20�!_. .r A Affn'ant F o1�Y P4 JUANITA JOYCE JEFFERSON QL- ? Notary Public State of Texas Not {,Public in art for comm. Expires 06-28-2003 The State of Texas �� .,.... 11 r 1 :� �� .�UPDD STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notajy yi lic iu and For thetatq of Texas, ou this day personally appeared— ,known to me to be the person whose name is subscribed the foregoing instrument, and acknowledged to me that he/she executed the same for thepuffyoses and consideratioat therein expressed, as the act and deed of a and in the capacity therein stated GIVEN UNDER MYIIAND 4ND SEAL OF OFFICE this R'(p day Of '"K Affiant Title E-NISE ROTEN N8ii�fy Rublle,State of Texas 4 tail ft wninion EXOMS Notary Public in and for ,3 2001 The State of Texas 12 DD^ ^ ^ r 00 , U �✓vvCUt+: . `9 7 0 ANCHOR sum"s (`k ` ROOFING SYSTEMS LTD. Z X rn mp m D cn cu m X X () m zI �W4 0 X o � I C 0 ,►1 e Tie.P S $ 0 Arry[� t N 9 G J 20 ■ r � � 3 9 a y s 1Di rAile- 3 7 P7t 0rl-n 7f a w :. Y � Z t UN0 IN00 110,3 I • tyv u C.;/—Cl ti x6a' = 60c) AWL ti 1P j 2809 North Houston •Fort Worth, Texas 76106-7138 •Certified WBE/DBE• www.anchor-rfg.com (B 17) 625-4351 •Metro 429-3734 •Fax(817) 625-9709 DATE IMMIDDtey) I ACORQ- CERTIFICATE OF LIABILITY INSURANCE 10!25/2000 PRODU'-CR _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION`i IUCIEAf WRIGHT INSL'Ri,NCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1200 West Freeway # 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. fort Werth, Texas 76102 INSURERS AFFORDING COVERAGE INSURED Anchor Roofing Systems, Ltd. Ir!s_K:E..,. American Mfg. Mutual Ins. --? 1,10-I+EFe. Lumbermens Mutual Cas. Ins. 2909 `t Houston Street lig-=:_F,c National Union Fire Ins. FORT WORTH TX 76106 817%625-4351 FAX 625-7886 1NSUR_PE. V i COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSORED NAMED ABOVE FOP.THE POLICYPERIGD INDICATED.NOTWiTHSTAf4DING i ANY REQUIREMENT.,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY LE ISSUED OR MAY PERTAIN,THE INSUP.ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH 1 POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPISR POLICY EFFECTIVE POLICY EXPIRAT IN LTR TYPE OF INSUkPNCE PCIXJCYNUUBER OATS MM1CDlYY GATE(�1M/DDNf L!rATS. GENEPAL LIABILITY - EACENCE 11,000,000 X 00MMER0AL GH`ERAL Li.*ILlrr F".E.13,I-VAQxE(.any ene Bri) %50,000 CL 1:NISn1�DE X❑OCCUR r,!E E:kF:.•nyai.pe,4_r) 1 5,000 ! A X CONTRACTUAL 5AC042141-03 08/09/00 08/09/01 --FSctvi.EPJv %1,000,000 X CG2503 GENIER.,Lta;PEE„A-E s2,000,00 0 i ,3EWL ArGk=wiTE LWITA?FLIES P51. =H60UCTS•r:,McfCPA,+3 i2,000,000 F1c, X PR"- LOC - AUTONOBIL£LIABILITY COWBNE_`SINGLE VA+!T S AIiY<L'TJ (Ea 6,x,,-n!) 11,000,000 ALL OWNED AL!T„S 7 WL S; IL Y IRY ;Cn-DULEDAL,TS [=:'•'CcriC01 a fi x -SRED AUTW F5D026796-03 03/0!9/00 08/09/02 a,;n!LYiruF:' X tori-CViriED=)r05 (F or B:cidan-I " DRG.==Tr OPI�KGc ,� iFer a:oca!r, GARArELIAaim I A;iTJtd;Lv.=.S?C'_:GErf' % .tv;AU"!O �T E7,a_C f r.ER 7,-AN ti'JTO ONLY Aaa 1 EXCESS LIABILITY _ EACH GCCUFREPW--E - s5,000,000 x r,cCL;7: F-1 CLadliS IDE AGG;;EsiE $5,000,000 3SX005622-02 08/09/00 08/09/01 3 K C C OUCTIP_= 4 [i �- 10,000 s �^ 4'; TNT_L _p R Vi.'iRKERS CCtdf EHSATON ANDxTi��V iIRl1T> R + ENPLOYERS'LIABILITY 5BHO43217-02 08/09/00 08/09/02 EL.EACH.,_CI%Er:- 1500,000 A EL L78 SE-E.AEWFLCtiEE 1500,000 EL D5_ASE-P':LIG'!LIM;T s500,000 I F OT FI-- IN MARINE 3AT642007-03 08/09/00 08!09/01 LEASED EQUIP $150,000 INSTALLATION $650, 000 PEP. OCC $25,000 STORAGE ! _ $2.5,00,01IN TRANSIT 3�D@SCRIFTI_tN OF OPEP.ATOMSILGCA'nCNSNEHICLESiEXCLUSIONS ADDED BY ENpCitzsSmEA.ISFF-IAL PRC•IISIONS CROJ:WORTHINGTON HOTEL REROOF,200 }Vil'u3 ST, FT WORTH. CITY OF FORT WORTH � � RANDY BURKETT INCLUDED AS ADDITT_ONAL INSURED ON GEN LIA, AUTO LT_A E UM3RELLA. t CERTIFICATE HOLDER ADOMONAL INSURED;RISURFR LETTER: -CANCELLATION SHOULD ANY OF THE ABOVE D-=S,R:EEC POLICIES PE CANCELLEC EEFORE THE EAMRATIaN # CITY OF FORT WORTH DATE THE?EO-,THE r&SUIrJG INSURER 01&L ENDEAVOR TO MJ•JL 30 DAYS BITTEN t AT TN: K114 rJOT1=E TO THE CERTIF CA>c HCLDEP•NAMED TO THE LEFT,E'1r FAILURE TO DO SO SHALL 1003 THROCKMORTON I-VPCSE NO ZE•LIGATION C?.LI.ASIUT`OF AJIY KIN'OFroN THE d:SURER,rS AGENTS CR t FT WORTH TX 16012 REPRE3EN'AT'JE3. 3 AUTHOR;IED RETRESENTATIY'c iFAX 81_ 7/871-8105 ACORD 25-S(710) ©ACORI]CORPORATION 1868 r ,!e ,111 e e r TRANSPORTATION DIVISION PARKING METER RENTAL REQUEST Organization: i4 At e-Ato4 Sy #67'r,ws Phone:gw/7-6,?�Ss3s�j Requested by: ,C'!> ,?-ee S.i,ov q Date: 6 Supervisor at location: oEf,> /?.e r si r►. g Address: R Py 9 IV h/d 0 :,7-o w City:/cT w o ie r# State: T-e X zip: 4r /b 6W If billing address is different,write it on the back. ` Will Bill In 30 Days Location: Street# S of S Comments: 1 T /,/o u 570.t, - 5av2- I ION 0viu•c.T-- I 2 3 Meter# 2 3 9a 7 3 3 9 ad' Service Dates: I- Q':of/ until Service Times: 4///o u A? S until For Official Use Only # Meter Days: X # Meters: X Daily Fee NIC: Bill: Taxes Other: Sub Total Permit Fee= Approved By: Total Invoice # Account# Date Billed: Bagged Unbagged Date: Date: Time: Time: Initials: Initials: d 10/24/2000 C.A. ROAD WORK >\ AHEAD END ROAD WORK � o i o o i o , Ya / ° 0I 3a ° LLJ LJ I LLL Z { ° U. -�O 1 ° O O 00 RIGHT LANE O I CLOSED ` O I AHEAD Q I O O Z �O XI RIGHT LANE Q _ CLOSED END AHEAD ROAD WORK X ROAD 6" I WORK AHEAD o This plan is submitted for TCP. I certify this plan will be used for the following location(s): 0 0 300 //0vd A- - O /Z,e5%. ,aA,V T 1�ilecJi*9 1,0f A, 13-e70 �.� •ci N T / d-e le At O,t-Ya Av 4 W .� A10 v S•3 0 It/ M and that all channelizing devices will conform to "General Notes" as shown on the back. ui o SignatureDate: CITY OF FORT WORTH TYPICAL TWO WAY STREET TRANSPORTATION ONE LANE CLOSURE AND Note- PUBLIC WORKS See_rev erse-side_aL 2aaeraLN tes-wd n &e-Spac�ng.— PLAN "All tvCti � SEP,-GI UN i Page: 1 Document Name: untitled E108 CITY OF FORT WORTH LAST-ACTIVITY: 06 27 01 DEVELOPMENT DEPARTMENT ISSUE-DATE: 00 00 00 INQ STREET ENCROACHMENT PERMIT START-DATE: 07 09 01 EXPIR-DATE: 07 09 01 PERMIT-NO: C 01178 900 01 EXTEND-PERMIT: N APPLICANT: ANCHOR ROOFING SYSTEMS USE: XA SQFT-STREET: 800 SQFT-SIDEWALK: 600 DURATION: 30 PERMIT-FEE: $660 . 00 EXTENSION: 000 DAYS EXT-FEE: $0 .00 STATUS: W TYPE OF ENCROACHMENT: SCAFFOLD THE APPLICANT NAMED ABOVE IS HEREBY GRANTED PERMISSION TO OBSTRUCT A CERTAIN PORTION OF THE STREET AND/OR SIDEWALK, AT: 00300 DIR: STR: HOUSTON TYPE: ST SUF: MLT: 000 ADDITION: TARRANT SAVINGS PLAZA BLOCK: 1 LOT: 1 MLT: 000 SAID PORTION OF STREET AND/OR SIDEWALK IS ALLOWED FOR THE APPLICANTS USE TO BE: MISCELLANEOUS 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. COMMENT: TO CHANGE TYPE "UPD" AND PRESS "ENTER" PF: 1 HELP 2 PRINT 7 BWD 8 FWD 12 MENU OPER: DV7 TERM: SV32 aUDD t ryli 1 Date: 06/27/2001 Time : 9 : 01 :45 AM