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HomeMy WebLinkAboutContract 26848 CITY SEC CONRACTENAO. 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 c Nv2 lI o o F.•� y .S Y5Ttr '" s t ? C) > acting by and through its duly authorized s' y -,i 1" s c T v , 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 lICilTil:i ilOil to `lcllij ol-ar l p)on, uses an,1 G ,�iupy portions of the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: Y-Ti,► S 7w e .v ltwA 06 AW e 2 (I --P S //0 14 7 W -& // S F4 A? r-nCCoQ.AiA/ n4: l sca�'�1d• sus rria:n S+, NO 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 aria arnoj pAs i res(Tibed by thy' Ril lrli.nv Code of the Citv of Fort Worth Ior temporary use or occupancy of public properly. the esLimatud total G amount of said fee is 5.de,wadk (O:X 0;'-!-2a0 og M N mu nn tram" ao S � uWed ES ED 2 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 to -L-3 provided, however, should the need for the encroachments n n+•3■ n n `n y n grurt,.a ;�1�.�:nt?er �t an), time., c ,a ^, G���nte . ,i„r�es to iIi'1?71e0l',qtPly notify City of such condition; and, upon receipt of such notice by ine Building Official of the City of Fort Worth, this agreement shall terminate. i~ 171� Cr(���GIMApy 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 pubil rights-of--way and adjacent supporting structures to a condition „ CORD ;;J'77�� 'fy� �J ;I��� n�y� �v0° V�IKC-1 FFARy acceptable to the Director of Transportation and Public Works o th qfl 4p,�^,yy➢ FEXe 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. 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 ..ging other dc-Mage or liability in rnn-ection w4bl S,vr b rprnoval or restoration. Grantee shall reimburse laity lor the cosi 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 Fort Worth and the laws of the State of Texas for Grantee's continued encroachment 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. '�'CIry g") Qt I °2Q�7 V L'0 U�u V'fr/�U U➢ �i7C�0 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, J�'I��' 'UrF IF a 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 o public liability insurance covering all public risks related to the proposed us 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 $500,000 With the understanding of and agreement by Grantee that such insurance amounts shall he re�,ised upward at City's option and that Grantee shall so revise such amounts immediately following notice to grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar C E"W Uf)D s L Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all of Grantee's contractors. 16. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of City, and any attempted assignment without such prior written approval shall be void. 17. This agreement shall be binding upon the parties hereto, their successors and assigns. 18. Should any action, whether real or asserted, at law or in equity, arise ouL CA Lh tCr111S an,d, :;onditions of this agreement or out of the use ?nd occupancy of City property as permitted hereunder, venue for said action shall be in Tarrant County, Texas. 19. In any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. EXECUTED This--j— day of J , 200$. GRANTOR: GRANTEE: CITY OF FOR WORT# BY BUILDING ICTAL APPRO EDS' ORM AND LEGALITY: TITLE CI TTORNEY DATE: 1 , (2 -7 CITY SECRETARY DATE: �G pz)(A-c lego eontract Authorization Date 10 STATE OF TEXAS COUNTY ti'TY OF TARRA?NrT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Te xas on this day personally appeared G►�2o� a (1PV , ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie/she executed the same for the pirposes aiconsideration therei_j expressed, as the act and deed of nlcoUvic —Stj M , and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (lay Of 20SLL. Affiait t DENISE ROTEN ?f' �ofrrl Public if: andfol i Notary Public,State of Texas s My Commission Expires Th e State of Texas ORO:31 2401 11 �rpZ�U, ;Z , � STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and FoStat oDz as, on this day personally appeared I I✓1i '' ,known to me to be the person whose name is subscribed to the oregoing instrument, and acknowledged to me that he/she executed the same forthe purposes gnd consideratiq tk in expressed, as the act and deed of " I and in the capacity therein stated. GIY N UNDER W HAND AND SEAL OF OFFICE this day of 101Z , 2012�-. Affa ,it Tit e BRENDA J.NUNN otary Pub is in an for NOTARY PUBLIC The State o y STATE OF TEXAS My Commission Expires 7-10-2001 12 OF (vuU UrC',RNU'f�wUU ANCHOR ROOFING SYSTEMS LTD. c 4 a, s ,vb,C S r tr'FO e 1>11 �, 1 Z 1 x � �v -eX e Tio w ' 6, i tip\ 5 idewa�k o� 6 40-P40 Q i7f 2'.EF 2809 North Houston •Fort Worth, Texas 76106-7138•Certified WBE/DBE• www.anchor-rfg.co,;, (8 17) 625-4351 •Metro 429-3734 •Fax(8 17) 625-9709 ROAD YYO R K END AHEAD ROAD WOR ! o ; i �w occ LU Ld n LL Z C3 LL 0 o 04 PoCLOS D E II ! AHEAD o, O X` RIGHT LANE J CLOSED AHEAD END I 11 ROAD WOR . x� ROAD ll�� I WORK ' t AHEAD TCP- f certify this plan will be used for the following location(s;: his plan is submitted for yrr sT�,o-erTcu� � w d that all channelizing devices will conform to "General Notes" as shown on the ba11 ck. �.. � r Date: Gu�' �!V�� �' °,D gnature: C-2--> TVV0 WAY STREET STR TYPICAL. ITY OF FORT WORTH ONE LANE CLOSURE t o TRANSPORTATION Note P PLAN "A t� AND PUBLIC WORKS xhibit#4) ------------ -ACORD-. CERTIFICATE OF LIABILITY INSURANCE DATE"4''rMrN) 10%25/2000 i PRODI;=_R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION t LUCIED: WRIGHT INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND; EXTEND OR 12C0 West Freeway 9 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth, Texas 76102 INSURERS AFFORDING COVERAGE � wsuREc Anchor Roofing Systems, Ltd. A Irr�I A. _ n.erican Mpg. Mutual Ins, _ I?OIREF.6 Tumbermens Mutual Cas. Ins. ' 2809 N Houston Street C National Union Fire Ins. { FORT WORTH TX 76106 Ire rEc;C 017/625-435_1 FAX 625,7686 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING r ANY REOUIREMEYF,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR FRAY PERTAIN,THE I.NSUP.ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE Limirs SHO11vN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iDISR TYPE OF IAI9URPNCE PCLiCYNLAIBER POLICY EFFcCTIVE POLICY EXP IRAT1OrJ LRetlT9. _ LTR I DATE MrtICDfYY DATE b1MtDDlYy GENERALLIABILI'Y cACtiO,:';V-n�.'tNCE 31,000,000 :{ COMIMERCiAL GENERAL Li.*ILtT( -:F r,:,NNACE(Any me fire: ;50,000 — I 4;NG N'rCE OCCUR '.AED EaF r.•ny cr4 pe,;:r) 1 5,000 9 A X CONTRACTUAL 5AC042141-03 0$/09/00 08/09/01A16FJvlNJUR: 11,000,000 s X CG2503 GEI.P,- cZz'PEGA:-E s2,000,000 a s EN-AtGF=GATEUI:'7A?FUESPER =R CUCTS-C:VP%-'PAS, 12,000,000 F'GLII;" X jE^T Lnr - AUTOMOBILE LIABILITY t CObt21liE2 SINGLE VRI!'• 1 p At,YAu,0 (Eaecc,,'enl) 1,000,000 ASL OVVi-ED ALTOS S IDLY INJ.PY :Ci+cOULeD.4LTv5 l?e•'c+er3snl ' j B x AUTO� F5D026796-03 03/09/00 08/09/91 ,,_,DILyI1�L¢:. 1 + x rurJ C"NrAiEC.'JlOS iF ar e:cidan:) iI f1 ARAt;E LIABILffY ' %:;_?---'Ot,iL �i v't A JTO 3THEF TH:Nv EA c:C 3 { 4IfV ONLY A:` 1 EXCESS LIABILrrY - EACHCCCUPRVr CE 15,000,000 X] �z?"-nE As E_ TE 35,000,000 3SX005622-02 08/09/00 08/09/01 s 1 Cr'cCVCTiB= - 3 ? { �E E,°iCri 1 10,000 s IL n75- Yi7RKERSCONIFENSATONAWLCd:Ta -E4 EMPLOYcRS'LLASIUTy 5BH043217-02 08/09/00 08/09/01 EL EACHA:CI-Xr;T 1500,000 A FL CSFJ9=-E-%EVPLCYE s 500,000 ___ ELD5E-;5_-PCLIC'ILIMIT 1500,000 B 4TH=R IN MARINE 3AT642007-03 08/09/00 08/09/01 LEASED EQUIP $150,000 INSTALLATION $650, 000 PEP. OCC $25,000 STORAGE 25,000 IN TRANSIT rDESCRIFTIOtl OF OPER.ATONSlLOCATIONS/VEHICLEciSYCLUSlOt4S ADDED nY EAICCR3EMEr�T/SFECIAL PRCVISIONS r PROJ:WORTHINGTON HOTEL REROOF,200 MLr.Tv' ST, FT WORTH. CITY OF FORT VORTH S RANDY BURKETT INCLUDED AS ADDITIONAL INSURED ON GED; LIA, AUTO LTA & UM3RELLA. 7 CERTIFICATE HOLDER ;ADDITIONAL IttsURED;it4SLFZ2.R LETTER: CANCELLATION _ 2 SHOULD ANY OF THE AEOYE DcSCR:E EC POLICIES BE CANCELLEC BEFORE THE EXPIRATION 1 CITY OF FORT WORTH DATE-rHEaEO=,THE ISSJING INSURER WILL ENDEA'r OR TO MAJL 30 DAYS Yr „='e:d -- ! ATTN: KI24 r107ICE TO THE CERTIF CAE HCLDSP.NAMED TO THE LEFT,S-IT FAILUP.E TO DO SO SHALL 1000. THROCKMORTOY I.WP.SE NO:BL!GATICN CR LI.ASiLM OF A1JY KWO UPrOrl THE INSUFER,ITS AGE, OR FT WORTH TX 76012 REPRE3EN7A-'dE3. �— AUTHOF-aEO REPRESENTATIVE ' FAX 817/871-8105 � •� ACORD 25-S(7197) ©AC0r2D CORPORATION 1998 u "., , M