Loading...
HomeMy WebLinkAboutContract 26901 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 N cNd 2 iZO vriN acting by and through its duly authorized de-e-Norz /f001:,-14- s Y 5-7Y--p 5 V hereinafter referred to as "Grantee". WITNESSE TII: K �. 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 i� llii �1iii �� c.•i.ii_;�i1';lri;j' i;i1Gl ;u��i iiil(;i , �! �i:, l .^. �.:ai?j' ll:i�ti .':1° Of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: 14j•e //S A 4 -t o — .,4/J .e cp/�© sy AV•{ d �/f' -- /3 2 Tk/ e ..e�v t1r) w .w -Psf e e -Aw-e ,- •v yT// S T i?V p 7— SU vi/1 1,4 / h� r ;•n 2 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 by the Rilil( inrT Code, of the, City of Tort Worth 101' leiiiporary use or Occupancy of pablic jJ101JUICy. 'Mie csiiiu<<icu ioL,11' ,1P °el �l amount of said fee is - y V itr I E' )ED 2 �_iEAEff 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 future traffic control device oi- 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. X6. 6'�2 The term of this agreement shall be for fps, from LF to�provided, however, should the need for the encroachments cr at 6r,1;. -'< as-' f"-re�S to irmlie linto,l5, notify City oi: such condition; anc1, upon receipt ol'sucli notice by [lie Building Official of the City of Fort Worth, this agreement shall terminate. c��ult ` G'C� 1Vr 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, Y 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 rights-of-way and adjacent supporting structures to a condition 11N,f cUC�((�� acceptable to the Director of Transportation and Public Works or his ,77", 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. y 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;-h;l;fNr til !-OgjjertlOn ,,✓;th q>>r,1? PPIllnVal or restoration. Grantee sliad reimburse CILY tur Lire c;osL anU 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 �L'U IIM�'`:G'M Gff 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 publicKpurpose the said encroached portion of the streets, then this agreement shall be automatically canceled and terminated. 11. Grantee agrees to comply fiilly 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, �v��U L�lr Cr f)LSiIWj U 7 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 fiirnish 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 darnage, 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 he llpwand M city'-' optioll 'gild tllat 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 A GIN FT, 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 vUi Of tlt� tti'iii i .;iiia co:;altiCr- t::ra.11s i.grcc,.-rrw Or out of tl-)e use and occupancy ot'City property as permitted hereunder, venue i*or 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. �` tl u I1 C�r�" U`�151Yi,1Uu1 9 '" 9 1 „ EXECUTED This—12( day of_ � ^� , 2006. GRANTOR: GRANTEE: CITY OF FORT WORTH AN CND? /&orl,,v 9 S Y 57?sy s BY: ��/ � BY: BUILDING OFFICIAL H APPRO D 1 AND LEGALITY: 5 TITLE v CITY ORNEY DATE:_ CIT SECRETAe; K DATE: Contract Authorization Date d k `-�PWo �C10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, allotalyPublic in and Fore State Texas, on this day personally appeared 91 Go ALO Ln ,known to ale to be the person whose Hanle is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the sante for the pur oses al d eon_sideratio 1 therein expressed, (is the act and deed of c1 n a1 Q c z , and in the capacity therein stated. IVT A' FINDER 1tff HA AD AND SEAL OF OFFICE this ' day Of 20-gj—. lam-•i��r�G(.� Affiant JUANITA JOYCE JEFFERSON Notary Public �State of Texas Lo�+' _ 3 Comm. Expires 06-28-2003 J�' lbliC tiJ 1111 01' r The State of Texas 11 �+ � � Frio STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary.Pu- -ic in and For the to of Texas, on this day personally appeared ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to lite that heIshe executed the same fur lite p rposes and considerat' n therein expressed, as the act and deed of , and in the capacity therein stated: GIVER"J:'DER 1tvIYHAND AND SEAL OF OFFICE this _ �� day Of rS.L� r.k 20 Affiant Title DENISE ROTEN Notary Public in and for Notary Public,State of Texas 4 My Commission Expires The State o f Texas DEC,3,2001 12 Av ' ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(r•I;,vDGfrY) 10!25/2000 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LUCIEDI WRIGHT INSURANCE AGENCY HOLDER. 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. Fort Worth, Texas 76102 INSURERS AFFORDING COVERAGE INSURED Anchor Roofing Systems, Ltd. I:49-Ir.EP.A. American Mfg. Mutual Ins. trO-)FERe: _umbermens Mutual Cas. Ins. 2909 N Houston Street !1,54-R_RC National Union Fire Ins. FORT WORTH TX 76106 817%625-4351 FAX 625-7E86 COVERAGES _ __ THE POLICIES O:INSUF.ANCE LISTED EELOW HAVE BEEN ISSUED TO THE rNSURED NAMEG A.30VE FOR THE POLICY PERIGD INDIC.4TEU.NOTWITHSTANDING i ANY RcOUIREMEW,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IIMAY PE ISSUED OR MAY PERTAIN,T4E I:VSUP.ANCE AFFORDED BY THE POLICIES CESCRIBED HEREIN 15 SUBJECTTO ALL TH=TERMS,EXCLUSIONSAND CONDITIONS OF SUCH 1 FOLICIES.AGGREGATE LIMITS SHOWN 1YW,Y HAVE BEEN REDUCEO BY PAID CLAIros. INSR POLICY EFFECTIVE POLICY EXPRATION LTR TYPE OF IPISURPJ•7CE PCUCYNUUBER DATE MMiCOM DATE NWIDWf -_ LIAtl79. GENERAL LIABIDTY 1,000,000 X CgnAMEROk G9EPAI.Li,:cILIT+ PP.F EL:A!4GE(.Inv Cm*tiro 750,000 ••;NG NILDE Fx—I CCCUP MED Ekp:i•ny c:a pe. _n) 1s,000 t i A X CONTRACTUAL 5AC042141-03 08/09/00 08/09/01 - �Scx�LGPJVKJUR't 51,000,000 X CG2503 GEIIER.i1,'GPE L,-E x2,000,000 a GEN PEGS:_vaTE L'L'TP?FLIES Pte. FRGOucrS-GJIMP.1QPP.a3 12,000,000 FGLIG:' O. %� PRJE.,T El LQr AUTONp91LE LIABILITY COAAEINK SINGLE UM!T S PnT� (Eaetaezn!) 1,000,000 ACL OW ZDAUTOS g-"OILY rt�tRY 'sCnE-au1cD.4LTv !P i•'Ctrisn) 1 B X �LREDALJTO; F5D026796-03 08/09/00 08/09/0" X NJN-CVi IEC%Ui0S IF er&:cidem) 1 " G�G.�if G)bt4;ic 1 (Fcr GARAGELIABLRY ' i.;.;T•jn!.7v._Sr�::GENT S AN';ALITO .)ThEPT:;N EE_a_{ 3 .. 4'JTCIONLY A.33 1 EXCESS LIABILRY EACHOCCUPR&-w:E 15,000,000 X ccc_La cL.�Ja>;LL-17E AGGnE• 15,000,000 3SX005622-02 08/09/00 08/09/01 s C C GOUC7tP_= 4 S -10,000 5 L N:P.STAT_ rR Yi.'�RKERS CC(dF EtvSATON AND }i TC�1 ilh{ITi Ek + EtAPLOYERS'LtASIUTY 5BHO43217-02 08/09/00 08/09/01 EL.EPCHACCI01:r;T 1500,000 ` A IF.L CISEjs -E.AEkTLCYEE 1500,000 EL ❑ScASc-7000'I LI1dIT 5 500,000 I F c'TFt=R—` IN MARINE 3ATo42007-03 08/09/00 08!09/01 LEASED EQUIP $150,000 INSTALLATION $650, 000 PER. OCC $25,000 STORAGE 1 _ $25,000 IN TRANSIT FO'SCRIFTI_1N OF OPEP.ATOl51LOCAi1tJNSAIEHICLE�-iEYCLUSIONS ADDED B'lEhl U4a'EtrtEM1TISFe^=Lt,L PRC•11S!ONS FROJ:WORTI~IN(STON HOTEL REROOF,200 bOIN ST, FT WORTH. CITY OF FORT WORTH 6 RANDY 6URKETT INCLUDED AS ADDITIONAL INSURED ON GED LI?!, AUTO LIA 6 UMBRELLA. CERTIFICATE HOLDER ADO"MONAL WSURED:RJSURER LETTER. CANCELLATION i SHOULD ANY OF THE ABOYE Dc5CR!E EC POLICIES EE CANCELLEC EEFORE THE E:SPIRATIQI f C 1 TY OF FORT WORTH DATE THE?FO=,THE ISSUING INSURER VJiI-L ENDEAVOR TO NJ•Jl 30 DAYS Wt AT TN: KIM r1JT17E TO THE CERTIF CAT-.HOLDER.NAMED TO TH8 L=-FT,6'lr FAILURE TO DO SO SHALL 1000 THROCKMORTON I.UPCSE NO_SL!GAlION OR LIABUT`OF ANY KIND JFPON THE INSURER,ITS AGENTS CR FT WORTH Th 76012 REPRE3_N-A-VES. -� AJTHOYJZEO R_E?RES&TFATIVE FAX 817/871—$705 _ _ _ ` * W 6�.. ACORD 25-S(7197) ©ACORD CORPORATION 1999 ' `4 I( v' c j'• Y ROAD WORK � I I I ROAD WORK O O O IO 00 O O O p 10 O p a i CQ ow II 3Q �0 o �z,. LL o �N o — 0 0 I J RIGHT LANE p0°p RIGHT LANE CLOSED n CLOSED AHEAD AHEAD a 0 04 I hh 1 lot ( V °o RIGHT LANE RIGHT LANE p° CLOSED CLOSED O AHEAD m AHEAD I I 0 g o_ x E `) ROAD I I I 4 3 ,n / / WORK !e AHEAD CUf .o X X Q ROAD WORK t t t AHEAD AL CZ) This plan is submitted for TCP. I certify this plan will be used for the following location(s): N S o 5 A4,4 i Al /S-dTw e-f- nV At,4 1,c/ 41U10 epa rs7MP,,-eet le, --e_l U [.7 ra IrA V -e / ,s 7- W -e//S �,l �9 0 wand that all channelizing devices will conform to "General Notes" as shown on the back. In Signature: j�Z—> Date: o l CITY OF FORT WORTH TYPICAL ONE WAY STREET TRANSPORTATIONTWO -LANE CLOSURE AND _Note: PUBLIC WORKS See-mverse_sideJorseneraLWote Device pacing— PLAN "B" ANCHOR ROOFING SYSTEMS LTD. 1j/y 1A, S t/t,P � T LuL-e f cn c;-) Q r-'q-,ep `' —mss 0e'4/.y � m ;K z m !J m (x) m � n �� a ►� c/) co I l C to I ?< x n e I. � rtl t:l o { � � ( D o K � A � 6 ?O l0/9 /.> cv 2� . 0 /V 6JL]�'��rliJ P fav ,9T �:G�,,, .,I J uc�.'i��i�G�1� s uR /7 7`a�o/ 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