HomeMy WebLinkAboutContract 26934 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 d N rMd ,T ,Pd
SY 5�-ev3s cT��
acting by and through its duly authorized /I,"-
s 4 T�� , 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 faithftil performance of the
mutual 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:
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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, 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
-I,(1 ;ni,ioiintc 1�('{'��r;t,n� by the Phi ldinp Cole of the City of Fort Worth
for teu-iporary use; or occupaucy of puuiic pi opus ty. 'i lie Csiiiiiaicu io«,i
amount of said fee is `� a� G 0�
--Too �c 19 x . <o = Z(o to
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22
5.
Grantee, at no expense to City, shall snake 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.
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6.
The term of this agreement shall be for 9 days, from
to provided, however, should the need for the encroachments
al arr- `.': asp Cn-il ex, nrrl'f oc, to imiiiediatQly
notity City oi: such condition; anti, upon receipt ol'sucll MAICc by the
Building Official of the City of Fort Worth, this agreement shall
terminate.
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 terns, 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
acceptable to the Director of Transportation and Public Works or his
duly authorized representative and in accordance with then existing Cit ���KNA4 ��E�GQp
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specifications, and Grantee shall remove all barricades, equipment, ��ENEMY
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,
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
r-.' in (�nnnentinn with q»rh removal
or restorration. Grantee snail reirnburse CiLy fur [lie cost ar1U uxper,se 01
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 contirpia encroachunent
5
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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.
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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,
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
11MMmt- chrlll he rovi !cd 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 copy of such Certificate of
Insurance is attached as Exhibit "A". Grantee agrees to submit a similar
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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
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successors and assigns.
18.
Should any action, whether real or asserted, at law or in equity, arise
. tit uftl�� t�r�,.� .,:�cl cu.,-liic::.. c-:rails �:�;rc�.,;,�nt or out of the t,s� !nrl
occupancy ol'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.
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EXECUTED This " day of , 2000.
GRANTOR: GRANTEE:
CITY OF FORT WORTH 1&N r/jo Ir Ito ),cr 9 ,S YS itMt Iry
BY- �� .
. EY.
BUILDING OFFICIAL
APPR 1DW RM AND LEGALITY:
TITLE
C17 EY. DATE:
C TY SECRETAR DATE:
Contract Authorization
Date
7r7Pu?s ' CGQD
10
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of Teras, on this day personally appeared
A I C o d u)1 ri ,known to n:e to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same or thepyfposesjind consider ' ther in
expressed, as the act and deed of 10 Cil ✓+ C) �' ,
and in the capacity therein stated.
GI iY UNDER W HAND AND SEAL OF OFFICE this (lay
Of wne-
Af lant
JUANITA JOYCE JEFFERSON
Notary Publlc
state of Texas No46rj Public in an for
Comm. Expires 06-28-2003
Th e State of Texas
11
C�G1p ,d , �LID
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For ti State of T eras, ou this day personally appeared
,known to me to be the person whose
name is subscriber the foregoing instrument, and acknowledged to lite
that he/she executed the same for the pur poses and consideration-lAivein
expressed, as the act and deed of
and in the capacity therein stated.
GI VEN U N'DER MY HAND�,AND SEAL OF OFFICE th is �— day
Of 'S w�1u� , 2G►At.
Affiant
Title
'a`'Pv Pie DENISE ROTEN 1&ary Public in and for
~ C
i Notary Public,State of Texas The State of Texas
My Commission Expires
DEC.3,2041
12
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2809 Forth Houston • Fort Worth, Texas 76106-7138 •Certified WBE/DBE• www anchor-rfg.com
(817) 625-4351 •Metro 429-3734 • Fax(817) 625-9709
END END
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C:) This plan is submitted for TCP. I certify this plan will be used for the following location(s):
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w and that all channelizing devices will conform to "General Notes" as shown on the back.
o Signature: Date:
TYPICAL ONE WAY STREET
CITY OF FORT WORTH
TRANSPORTATION TWO - LANE CLOSURE
AND Note:
PUBLIC WORKS _ Seerpyerse_side_foLGeneral N tes and Device_spacing— °
rrorr: Ianyny OHM[ ID.AIM-GI I Y Qt-t,I V'VVh�H
s
ACORO. CERTIFICATE OF LIABILITY INSURANCE --DATE IWAWm'
1 10%25/2000 I
PRGOUc511 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LUCIEN WRIGHT INSURANCE 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 r
INSURERS AFFORDING COVERAGE
INSURED Anchor Roofing Systems, Ltd. INS rERA. American Mfg. Mutual Ins.
INSUREFe: T_umbermens Mutual Cas. Ins.
7.509 N Houston Street INSURER National Union Fire Ins.
FORT WORTH TX 76106 0-F-UREF D
X617%625-4351 FAX 625-768_6
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOP,THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 02
MAY PERTAIN,THE INSUP,ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
FOLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
irISR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MMICDIYY DATE MA1IDDlYY LRATS
GENERAL LIABILITY EA:+n'::UiFENCE $1,000,000
X COMMERCIAL GEI ER4L LI.aEIUTr P;ZE r.104CE(.any ona Oral S50,000
CLCA5WCE X❑OCCUR Irlc EAP:wryor*pe,i,,r) 15,00G
A X CONTRACTUAL 5AC042141-03 08/09%00 08/09/01 ;'EFSltLh6A3VIN. !-; $1,000,000
X CG2503 GENERALL;.GRE„,�.-E s2,000,000
?ENL AGGREGATELWTAPPLIc PER FR6DUCTS-CNMcfCPAG, 12,000,000
POLK.' % PRO- _� JEST LCC
AUTOMOBILE LIABILITY
COA;PJNE^SINGLE UMIT =
X ANY ALTO (Eaacalam) 1,000,000
ALL OWhED AUTOS
E:LILY It,LCRV $
iCi,EOULED.4;T i?er mfsenl
B x LIFEn.-IR),; F5D026796-03 03/09/00 08/09/99 g,;plLtilu`Le.
X Fgt-CV/NED FUTOS (Par wcidarc)
PPOFERTyOAMCGE
L_ (Psr accid*v
GARAGE LIABILITY I X;T.j01•ILY.E4At:•:lDErfr f
.wa'r AUTO - , EA 4:C 1
Tr,ERTrWN
1 4'JTO ONLY: F.,= 3
EXCESS LIABILITY EACH OCCURRENCE 15,000,000
X C:c, ED CL.yA15 FL1Lc AGe cE•y rE %5,000,00%1
3SX00p622-02 08/09/00 08/09/01 s ,
( CCcDUGTI@= $
`i x VETE,rTICN 1 10,000 s
W7RKERSGOMFENSArCNAND X TOR'I�_L'dlTs tk
I EMPLOYERS'LIAEIUT"
5BH043217-02 08/09/00 08/09/01 EL EACHA'atr:T 3500,000
A El CISESE-E.AEwIPLCtiEE s500,000
i EL QSE c-PCLIC'I u1.,1T
h500,000
I E, C-THSR IN MARINE 3A`('642007-03 G8/09/00 0879/01 LEASED EQUIP $150,000
F INSTALLATION $650,000 PER OCC $25,000 STORAGE t
I _ $25,000 IN TRANSIT J
rDESCRIFTION OF OPERATIOHSILGCATIONSAIEHICLESiEX.CLUSIONS ADDED BY EN.^.:C1.R3E14EAT/SFECIAL PRCASIONS
PROJ:WORTHINGTON HOTEL REROOF,200 KlIN ST, FT WORTH. CITY OF FORT FORTH s
RANDY BURKETT INCLUDED AS ADDITIONAL INSURED ON GEN LIA, AUTO LIA E
UMBRELLA.
CERTIFICATE HOLDER 1 ADORIONAL INSURED;INSLRER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIE EC POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF FORT WORTH DATE THEREO=,THE ISSUING INSURER WILL ENDEAVOR TO BWL 30 DAYS Y4TifR'eN
ATTN: KIM NOTICE TO THE CERTIF CATE HOLDER NAAIED TO THE LEFT,E IT FAILURE TO DO SO$HALL S
1000 THROCKM03TON IMPCSE NO-BLIGATION GR LIASiLrr'OF ANY KIND UfiON THE INSURER,ITS AGEIN"i OR
FT WORTH TX 76012 REPRESENTATIVES. ff
AUTHOFUZED REPRESEr1TATIYE
I EAX 617/8-11-8105 _i it r W ((dic. ...�' _•_�
ACORD 25-S(7187) UKLJ TION 1888
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