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HomeMy WebLinkAboutContract 26986 CITY CONTRACT NO}r��g �f? 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 AN cN� �C ,c°cc �.•1� � Sy C;, rs Lr/> > acting by and through its duly authorized 4'�'�'�" xx,y hereinafter referred to as "Grantee". WITNESSETII: 1/- .0 - - - - - -- - - -- - �2-,tv y 1. For and in consideration of the payment by Grantee of the charges set out below and the true and faithful performance of the muttial covenants herein contained, City hereby grants to Grantee the space Under, on and/or above the streets, alleys, sidewalks or other public rights-or way as follows: moi/ 6? h/0 U S Ty !v 47T al, N L3 ru N O FR'd !� 3 -P/�v i y /J•�� T o A4 T c2 Nd / ry a — elA � 41,4 AP 4- � �1G ka a 1M _�a 0 �So 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 feeds calculated in the manner Tirl by tlhe RIiildinry. Code of the City of Fort Worth lur temporary use ur Oecupa ICY ui pLtbiic pf Upw Ly. 'Mit Usiiiiit'dUu iWal amount of said fee is y©' fficl41 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 term of this agreement shall be for_ _days, from G` 0 t d'' toy G -® I provided, however, should the need for the encroachments Lat to inill1rdt.` rly notify City oi: such condition; and, upon receipt ol'sucli i►utice by the Building Official of the City of Fort Worth, this agreement shall terminate. x'10 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. 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, Yap 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 acceptable to the Director of Transportation and Public Works or his duly authorized representative and in accordance with the , 9� ---, specifications, and Grantee shall remove all barricades a i'' i 166 F a;;ulyti: supplies, materials or other property from said location. ' i 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 Vii:•"]l,':: . . _ ._'.j' ';r1lC`', 0-m1:^r C':• H-hillfy ill ronnert1n11 with cilrb rf:1110a1 or restoration. Grantee shad reimburse CiLy fur the cost alar Cxpensc 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 Iaws of the State of Texas for Grantee's continued encr nment �T ERky 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 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. 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, � f 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 y .N 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 'iIIIWII*� -ii-111 he r(-vi-Qd upw,-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 agrees to submit a similar Eller 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 WRI101.1t 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 th,� 1-,nd of his or out of lhn uqc and occupancy of City property as permitted hereunder, venue iior saki action ti 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. EXECUTED This day of , 2000.0 GRANTOR: GRANTEE: CITY OF FOR WORTH AN N/c leo $y 5%c.� , — BY:�� - I3UILDING O F[ '(AL ,r APPR , D I{' RM AND LEGALITY: TITLE CITY ATTORNEY DATE: CITY SECRET DATE: A ..2�L.�: Contract Authorizati Date U�I�p�pia� � 5 Ply�,�,•��✓,�,:L+r n STATE OF TEXAS COUNTY Or, TARRANT BEFORE JITE, the undersigned authority, a Notag Public in and For the Slate of Texas, on this day personally appeared 7—Mol I% �;(�ztln��� ,known to In to be the person whose name is subscribed to the foregoing instrument, and acknowledged to n that he/she executed the same for the pr rposes and con li(eratrion t�ein expressed, as the act and deer/of S - u� r nC laL and in the capacity therein stated. 1 s-F- GIPE,i ' UNDER IYHAAD AND SEAL OF OFFICE this day Of u CT-u— ?0_O _, r v r Affiant JUANITA JOYCE JEFFERSON ° Notary Public State of Texas —V C/ a 6 OF Comm. Expires 06-28-2003 Arry Public in Ind for T e State of Texas 11 rx;�- P,D�' [` Atl�y ���a STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notay Pi.t fuc in and For the State bf,Texas, on this day personally appeared < c� ,known to me to be the person whose name is subscriber to the foregoing instrument, and acknowledged to me that he/she executed the same for the put oses and consider(tion therein expressed, as the act and deed of _�_ , and in the capacity therein slated. GIVEN UNDER MYIIAN.O AND SEAL OF OFFI,CC d s day of 20._( )( . Affian Title o`►a„rye(, m - a.. - _ c#�.i M AA SZ- �v l 1�.4--� j � ��€ ® Notaryor } Notaryr�d�fiF,: k2ig 9{Tg�as Public to andf my The The State of Texas 12 0 Frorr:Tawny riper 13.mm-GI I Y Ur I-I YVt)h(i h r ACORD CERTIFICATI DF LIABILITY INSURANIL1 DATEIFCNDDUY) r 10/25/2000 , PtiDo%c5R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LUCIEt; WRIGHT INSURANCE AGENCY ONLY AND CONFERS 140 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 Worth, Texas 76102 INSURERS AFFORDING COVERAGE INSURED Anchor Roofing Systems, Ltd. IW1 .1,E?.A. American Mfg. Mutual Ins. rGIJRERe. ?umberr:ens Mutual Cas. Ins. _ 2909 `l Houston Street !N;uRERC National Union Fire Ins. FORT WORTH Th 76106 IEUREFC 1617%(325-4351 FAX 625-768_5 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING I ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O.R MAY PERTAIN,THE INSURANCE AFFORDED BY 111E POLICIES CESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH I FOL)CIES`AGGREGATE LIMITS SHOWN MAY HAVE BEE14 REDUCED BY PAID CLAIMS. I it SR POLICY EFF-CTIVE POLICY EXPRAI ION i LTR TYPE OF INSURANCE PGLICY MUMBcR DATE MNICDIYY DATE AtMIDDMf LUNTS � GENERAL L IASILITY EAC`1 Q�:�:L inF.ENCE _ 11,000,000 X ODuMERDA GEPERAL Li,:EILITY F'RE U-LMACE("any mu hri; i 50,000 CL CbLS by-GE Fx—]CCCLIR NIEU E-W:,"r.y u i,Dci idn) 1.Ci,000 A X CONTRACTUAL 5AC042141-03 08/09/00 08/09/01 �EF;CtIAl5ADV ItLVF.': 11,000,000 X CG2503 GErIEF lt�,r�;, E _ s2,000,000 GENLAfG4E73ATELIVTAPPLIES PER. I:RGOUCTS-C.lmc• 10PP.0+i -,2,000,000--1 FRO- 1--1FOLJC,j-x1jE,--T LOC AUTOMOBILE LIABILITY COMMIE^SINGLE LIMIT = X ,y YAL.70 (Ea ecc,'ant) 1,000,On ALL GWIFD AUTOS F.iJILY 11 t. :Ci,EDULEU A:JTOS Lpv C-ir'onl B x '.FED AUTO; F5D026796-03 08/09/00 08/09/1-li 3JUI0 Ir1lA:' 1 X rLiN-OvlNEUc005 FROPwTY DAM=E I(Pbr 3-::id2-IQ GARAGE LIABILITY - A:TOUIvLY._4%C'::GEt1T S ]Ll,'AJTO OTnEk TrirN E:,o:.0 S 4JTV ONLY 5 _ EXCES'S 1-14611-ITY EACH OCCUFREwrE 15,000,000 -x]-,:(:.: El CL Na"I MIDI AGC�VE-,AFE 15,000,000 3SXOOPP 22-02 08/09/00 08/09/01 1 I C CEDUCT!F 1 1 10,000 s YJ7RKERS COMFEh13ATiON AND x �16A�_� 1' " R T6F:1 Ek EMPLOYERS'LIABILIT" SBH043217-02 08/09/00 08/09/01 EL EACHACCIVENT 1500,000 A JFL DSE,..SL--FAELIFLCYEE 1500,000 ` c L C71SEASc-PCL!I--'I LIf.uT s500,000 1 F c'TH=-RIN MARINE 3AT642007-03 08/09/00 08!09/01 LEASED EQUIP $150,000 INSTALLAT'IOU $650, 000 PEP. OCC $25, 000 SI'OP.AGE $25,000 IN TRANSIT �DESCRIFTION OF OPERATOlIS'LOCATIONSAIEHICLES/EXCLUSIONS ADDED BY ENCORSEMEN.TJSFSCIAL PRCASIONS PROJ:WORTHINGTON HOTEL REROOF,200 MIN ST, FT WORTH. CITY OF FORT FORTH & RANDY BURKETT INCLUDSD AS .ADDITIONAL INSURED ON GEN LIA, AUTO LIA & UMBRELLA. CERTIFICATE HOLDER T IADDITIONAL INSURED;INSLRER LET-IER: _ CANCELLATION SHOULD A,N OF THE ABOVE DE5CRIE EC POLICIES BE CANCELLED EEFURE THE EXPIRATION CITY OF FORT WORTH DATE THE IEO=,THE ISSLIING INSURER WILL ENDEAVOR TO avJL 30 DAYS w-tar ,4 - ` ATTN: KIM NOTICE TO THE CERTIF CATE HOLDER NAMED TO THE LEFT,Ei ff FAILURE TO DOSO SHALL I i 100.0 THROCKMORTON CdPCSE NO CBL!GATIO Y CR LIASiLIT`OF ANY KIN UVON THE ASUPF-R,175 AGENTS OR i FT WORTH TX 7G012 REPRE3ENTATVES. AUTHORZED REPRESENTATIVE p"] � �L _ J IFAX 917/871-8105 ACORD 25-S(7)97) O I Ol N.�1998 r0rf�)C` /e G)�;r w. ROAD WORK END AHEAD ROAD WOR j - S ' j o { o o f sl . xQ >~VJ a i F LLo a AGO CLOSED v AHEAD � o RIGHT LA`JE C10.+E0 .SL AHEAD ROAD YJOR � �( ` ROAD 1 WORK AHEAD Q� for-1-+Cp. l oefiify this plan will be used for the following location(s): his plan is submitted -id that all channelizing devices will conform to "General Notes" as shown on the back. ^ Date: gnature: 0 WAY STREET TYPICAL TW ITY OF FORT WORTH ONE LANE CLOSURE TRANSPORTATION Note enaralslntesend-nye-spciog____ PLAN "All_ wee re�cerse.sida far r PUBLIC WORKS xhibit#4) CG SYSTEMS LTD. RT--'p © L--) 0 L.:> Tru !�\ CL z W p � iu iv& �e a a u a Z L� o o o b t c� x O_w C N2 12 V\ � Q X �� 3 I �� 7-0 1 s �. Ll lrT i I a 1 7— rUi It°� cp vfCdAI i)ECup'© 2809 North Houston •Fort Worth, Texas 76106-7138 •Certified WBE/DBE• www,an hofiro (817) 625-4351 •Metro 429-3734 •Fax(817) 625-9709 y