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HomeMy WebLinkAboutContract 49950 I 61 S91011�? CITY SECRETARY h q� CONTRACT N0. CID RECE�V�� o ��� (SECRwASyH ti CONSENT AGREEMENT � FOR Of 6 8 L � 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,hereinafter referred to as the"City"and Alliance Residential Builders, L.P. Acting by and through its duly authorized agent, Tom Brewer Hereina8er referred to as"Grantee". WITNE3SkTH: For and in consideration of the payment by Grantee of charges set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee permission to temporarily encroach upon, uses and occupy portion of the space under,on and/or above the streets,alleys,sidewalks or other public rights-of-way as follows: 500 Energy Way, Fort Worth, TX 76102 Temporary lane closure on 5th Street and Summit/Energy Way(see plan) The location and description of said encroachment is more particularly described in Exhibit"B" attached hereto, incorporated heroin and made a part hereof for all purposes. Z. i All use and occupancy of public street,alleys,sidewalks or other public rights-of-way under this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. I ,;= A RECORD CQJSEW 1K Rtv Tenvomy doc ;�ETARY FT.woRTN,TX 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-wsy 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 and amounts prescribed by the Building Code of the City of Fort Worth for temporary use or occupancy of public property. The estimated total amount of said fee is: 5th St. lane closure: 468'x 11'= 5,148 sq.ft. x $.03 x 274 days=$42,316.56 5th St. sidewalk closure: 468'x 8'= 3,744 sq.ft. x$.015 x 274= 15,387.84 Summit Ave. lane closure: 350'x 12 =$4,200 sq.ft. x .03 x 274= S34,524 Grand Total: $92,228.40 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devises or other improvements affected by such encroachment, use and occupancy, including the sectiring 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 fitture 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 and additional amount equal to such additional cost as determined by City. 6. The term of this agreemont shall be for 274 days,from 11/1/2017 to 8/2/2018 , Provided, however, should the need for the encroachments granted hereunder at any time cease, Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by the Building Official of the City of Fort Worth,this agreement shall terminate. 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 2 CCNMNT AMMMENTW Twpony aM al rAic pa~.dw 'W. 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 safely,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 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 City specifications,and Grantee shall remove all barricades, equipment, supplies, materials or other property from said location. Grantee further 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 to 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 j 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 ribed herein, and f P gh Pry ( City shall not be responsible for trespass or any other damage or liability in connection with such j removal or restoration. Grantee shall reimburse City for the cost and expense of such removal and/or repairs immediately following billing for same by City. 3 COUNKr AMVMAENWw 7onpomy ur o!pLM pnapbnyl doe 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 the 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, shall at any time during the tarn 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 status,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. 4 COHM3 t AGRWMHTW Twq arwy wed pW&prapwto dw 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMIFY, 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, CNCLUDING 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 ENCROACEMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSE,IN WHOLE OR PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CI'T'Y; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIIBRM 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, LICESNEES, 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 that the following; Property damage,per occurrence $100,000.00 Bodily injury,per person $250,000.00 Bodily injury or death,per occurrence $500,000.00 With the understanding of and agreement by Granted that such insurancc amounts shall be revised upward at City's option and that Grantee shall so revise such amount 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 CONMWrACiRE&MNWw're pwmyuwdpi&ptopoVi,dor. 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, it successors and assigns,to maintain and beep 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 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 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 out of the terms and conditions of this agreement or out of the use and 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 Z�L day of.__S i e_7a 4.r 2(?�3' GRANTOR GRANTEE: CITY OF PORT WORTH AlliancqAeSidential j3uilders, L.P. BOfficial Vice President Title 6 CONSENT Af MW-NMw Twrowwy uM d pUl k pa~.do¢ A OVED T FO ANO i.R ALITY: , �� �I Assists t rtyAtto * GITY0 C i�Y S c�cta Date *...N 7 OFFICIAL RECORD oo►M+*rrMorT ITY SECRETARY FT.WORTH,TX i STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned authority,a Notary Public in and For the State of Texas,on tills day personally appeared ,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the sante for the purposes and consideration therein expressed, as the act and deed of and in the capacity therein stated GIVEN UNDER MY NAND AND SEAL OF OFFICE this day Of 20 Affiant Notary Public in and for The State of Texas 8 OFFICIAL RECORD i CITY SECRETARY } FT.WORTH,TX !, STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned authority,a Notary P ?lic In an�� _p For the State of Texas,on this day personally appeared ,known to me to he the person whose ` name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same for the_purposes and c ns' eration therein expressed,as the act and deed of ca AL��- ! � and in the capacity therein stated G N UNDER W HAND AND SEAL OF OFFICE this _ day Of 1 , 20-�Ll. Afflant Title Notary Public in and for The State of Texas LAURA B KEN-11 My Cornmss��c 000bef 7, 247 j 9 i r' Contractors Name: Point of Contact; Phone Number: Building Permit Number. Purpose for Closure: Begin Date:-- End Date: Type of Taper according to posted speed limit Tapers @ 30 MPH,1 Oft Offset 150,minimum TTapers @ 35 MP14,10fft Offset,awminimum co e• Tapers @ 40 MPH,10ft Offset,945'mininjum Nock�, ftrrow .� - S+ gx") 4t2e.q3=S* • .acs 4 Av<- Lo-� SO - t2- =4240 - .03 � 3 S Client#: 1068881 ALLIARES7 ACORD,, CERTIFICATE OF LIABILITY INSURANCE D8111/UDDMlYY) 8/11/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEA T Clarinda Thompson USI Insurance Services LLC PRONE602-279-5800 602-279-5899 .�AIC,_N.'Ext}: AIC No 2375 E.Camelback Rd,Suite 250 EMAIL Phoenix,AZ 85016 ADDRESS_Clarinda.thomsonusi.com P @ 602 279-5800INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Gemini Insurance_Company 10833 INSURED INSURER B:Admiral Insurance Company 24856 Alliance Residential Builders, LP Endurance American Insurance Co 10641 2525 E.Camelback Road,Suite 500 INSURER C: Phoenix,AZ 85016 INSURER 0:Aspen American Insurance Compan 43460 INSURER E:Travelers Property Cas.Co. 25674 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDD MMIDD A X COMMERCIAL GENERAL LIABILITY VMGP002760 1/31/2017 01/31/2018 EACH�OCCURRENCE $1,000,000 CLAIMS-MADE 51OCCUR j PREMISES OEs RENTED $100,000 X BI/PD Ded:$5,000 MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $1,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY�JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY BA3958B417 2101/2016 12/01/201 COMBINED SINGLE LIMIT Ea accident $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS $ X HIRED AUTOS X NON-OWNED POAUTOS (Per. DAMAGE B UMBRELLA LIABOCCUR BEX0960257000 1/31/2017 01/31/20`18 EACH OCCURRENCE $10000000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE $10000,000 DED RETENTK)N$NOne $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N E_7 ER ANY PROPRIETOR/PARTNERIENECUTIVEE.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ R yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ C Excess of$10M EXC30000246700 0113112017 01/31120181 $15,000,000/$15,000,000 D Excess of$15M CX0056D17 113112017 01/31/2018 $25,000,000/$25,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N more space Is required) Re:5th St Summit Ave,Fort Worth,TX. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured.The General Liability policy provides a Waiver of Subrogation when required by written contract.The General Liability policy includes (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Transportation 8r Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. City Hall-Second Floor 200 Texas St AUTHORIZED REPRESENTATIVE Fort Worth,TX 76102-0000 /,/ Pte.-„ ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S21295343/M19751721 EJGJD