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HomeMy WebLinkAboutContract 51811 CITY SECRETARY CONTRACT NO. i ! 1 1 � � 1 r CONSENT AGREEMENT s FOR TEMPORARY USE OF PUBLIC PROPERTY E STATE OF TEXAS COUNTY OF TARRANT I s I THIS AGREEMENT is made and entered into by and between the City of Fort Wmth, a municipal corporation of Tarrant County,Texas,acting herein by and through its duty authorized f Building Official,hereinafter referred to as the"City"and Le { Sff Acting by and through its duly authorized agent, vim} EyA Q5 Hereinafter referred to as"Grantee". s 9 WITNESSETH; For and in consideration of the payment by Grantee of charges set out below and the true and faithful performance of the mutual covenanfc 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:1401 1= ASS ; 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. AU use and occupancy of public street, alleys,sidewalks or other public rights-of-way under this agreement shall he 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 I and Public Works of City. �e �44J O S CONSENT AAREaMEN1br temporary un of puWa pW aroyl doe I 1 3 <v o mss'Q 4c4U— �o� itats:: i FT Ali'®RT W,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-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 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: i 2a I LR 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 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 I virtue of the existence of Stich 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 agreement shall be for lSdays,from_ _ to lat&F;` !, 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 Bailding Official of the City of Fort Worth,this agreement shall terminate. , 7. ft 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 l COMUNT AGREEMF-NTror Temporary use of pub is propertyl doc k f t I , 1 l t "B". This agreement shall not be construed as the granting of a permanent easement, j encroachment or license upon City's public streets,alleys,sidewalks,or other rights-of-way. i City, through its duly authorized representatives, shall have the full and unrestricted right to i 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 t i notice of such breach. Should such breach not be corrected by Grantee within twenty-four(24) f f hours of receipt of the notice, or within such shorter period of time as deemed necessary by the I Building Official for the protection of public health or safety,City may terminate and cancel this f agreement. J t i 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 t condition acceptable to the Director of Transportation and Public 'Works or his duly authorized t representative and in accordance with then existing City specifications,and Grantee shall remove all barricades, equipment, supplies, matwials or other property from said location. Grantee t further covenants and agrees that for a period of one(1)year after the termination of this Consent i 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'rransportation 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, I i ordinances and City specifications. J { In the event that Grantee fails to comply with the covenants herein contained with respect to I 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 rig}tts-of-way to the condition prescribed herein, and ' i City shall not be responsible for trespass or any other damage or liability in connection with such j t removal or restoration. Grantee shall reimburse City for the cost and expense of such removal } f and/or repairs immediately following billing for same by City. t k E 3 CONSENT AGUEMEMW Ttmpwwy u,a of puVnprapQdy1dm { i t f f � 4 r ! t t c 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 tertuination of this Consent Agreement. 3 r 10. ft is further understood and agreed between the parties hereto that City holds the city streets, s 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 Constitutiou of the State of Texas or by the Legislature; and the City cannot contract away its duty and its legislative power to control the s streets for the use and benefit of the public. It is accordingly agreed that if the governing body of t City, to wit, its City Council, shall 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. I 12. { Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this agreement or by nny federal,state or local statue,law or regulation. i 13, Grantee covenants and agrees that it shall exercise alt 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 1 p p p p y persons performing same,attd � 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 I not apply as between City and Grantee, its officers, agents,servants,employees,contractors and i i subcontractors,and nothing herein shall be construed as creating a partnership or joint enterprise i between City and Grantee. i f 4 i COMSEWr AGREEUEHTIaf'rempancy use of publ;e pmpMyl.dae i i i 14. GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY i INDEM[FY, 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 I CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR TNDTRECTLY, THE MAINTENANCE, , OCCUPANCY, USE,EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSE,IN WHOLE OR PART, BY ALLEGED NEGLIGENCE OF OFTICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OI'' CITY; AND ( GRANTEE HEREBY ASSUMES ALL LIABILI'T'Y AND RESPONSMILITY OF CITY, f ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR I } SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR t DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ! ANY AND ALL ACTS OR 01VIISS•IONS OF GRANTEE, ITS OFFICERS, AGENTS, } SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICri'SNEES, l INVITE'US OR TRESPASSERS. r t5, ] Grantee agrees to furnish City with a Certi-ficato of Insurance, naming City as certificate i holder, as proof that it has secured and paid for a policy of public liability insurance covoring all public risks related to the proposed use and occupancy of public property as locateG and ; described in Exhibit"B", The amounts of such insumncc shall be not less that the following; � 'r y I Property damage,per occurrence $100,000.00 t Bodily irrfury,per person $250,000.00 Bodily injury or death,per occurrence 5500,000.00 !� r With the understanding of and agreement by Grantee that such insurance 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. Sueh insurance policy shall provide that it cannot be { canceled or amended without at least thirty(30)days' prior written notice to the Building Official j I i 5 CONREMTAGAEWA£HTfor Tempaery use ofputfie p"gertyl dx r i i t i c 1 I 1 i 'r of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit"A". r Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. i Grantee, agrees,binds and obligates itself, it successors and assigns,to maintain and keep in 4 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 I coverage required herein shall include coverage of all Grantee's contractors. 16. i Grantee covenants and agrees that it will not assign all or any of its rights,privileges or duties I under this contract without prior written approval of City, and any attempted assignment without ! such prior written approval shall be void. i 17, This agreement shall be binding upon the parties hereto,their successors and assigns. i i X8. Should any action, whether real or asserted, at law or in equity, arise out or the terms and conditions of this agreement or out of the use and occupancy of City property as permitted 1 hereunder, venue for said action shallbd in Taft-ant Codnty,Texas, t f 19. 1 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. t EXECUTED this 6,day orf_ijCz�rl ,20 t t I GRANTOR; GRANTEE: CITY OF FORT WORTH _ i{ Building Official I i 5 � Title { f� 6 CONSENT AGREEMENTfa Tenperery use of fKMt pmpor"d" ({� i t t e Ij A vi; TO wn TFGAtTW: I I Assistant City Atto y r x Date Four 31 4 I o. .� IZ ity ecre �• r i E I r.c,,T—r ' CONSENT AGfiEEMEHffar Temporaryue cor pubsCIAL RECORD { Y SECRETARY i WORTH,TX j i i I s i { , 11 i ! STATE OF TEXAS I p COUNTY OF TARRANT s f BEFORE ME, lite undersigned authority,a Notary Public in and For the Stag of T as, on this day personally appeared Liz ,known to me to be the person whose j name is subscribed t theforegoing instrument,and acknowledged tome f that he/she executed the same for the purposes and consideration therein 1 expressed,as the act and deed of and in the capacity therein slated. �.7VEN iJ'NDF.R MY 9AND AND SEA L OF OFFICE this day Of U / 201,2, f s' i Tkr P ' DIANA LOPEZ V'�: Zr." �-6_Notary Public, State of Texas 9 ''e= Comm. Expires 11-14-2021 'off oF•.�,\�c Notary ID 131351026 its Title "— (t kaw i` i y Pu ' in Ind f # The State of Texas i } d t l S i I I I t 1 ! � I it , c I i I fE � 1 1 3 t f STATE OF TEXAS COUNTY OF TARRANT # f BEFORE ME,the undersigned authority,a Notary Public in and C .For the State of Texas, on this day personally appeared_/W 6WOs s ,known to me to be the person whose f name is subscribed to theforegoing instrutnent,and acknowledged to me that he/she executed the same far the urposes and consideration therein expressed,as the act and deed of ft few sr J /n�J and in the capacity therein stated. ► t GIVEN UNDER MPHANDAND SEAL OF OFFICE this _ day of OC.7TItZ ,204!l— i ASHLEY TINSLEY Notary Public A nl `;�� ,, STATE OF TMS . .,,.,,.• My Corm.Exp.November 21.20 Tttle V Notary Public A and for The State of Texas r f 9 i I ' RECORD ta -4V SECRETARY P'-. iA/�ff�7Fl, TX � Contractors Name: Point of Contact: Phone Number: Building Permit Number: Purpose for Closure: Begin Date: _ End Date.- Type ate:Type of Taper according to posted speed limit: Tapers @ 30 MPH,10R Offset,150`minimum ers 35 MPH,10ft Offset, t Tap@n 40 MPH,lOft Offset,aG5'mminirrniiimum Pers li m X o{k-� f'f row I I 77tV4s �o I Z o �� m br, V, -OA-L < loo a �ccL ��� .�U I L FFI . ►�Di CERTIFICATE OF LIABILITY INSURANCE DAT6/27 018 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(les)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 NAME cT Certificates Administrator Box Insurance AgencyPHONE FAX 1200 S.Main St.,Ste 1600 •817-865-1806 Arc N.I:617241404 Grapevine TX 76051 AoDRlEs : certificates boxinsurance.c om INSURER(SI AFFORDING COVERAGE NAIC Y INSURERA:BITCOInsurance Companies 20095 INSURED FORT-C2 INSURER 8:Texas Mutual Insurance Company 22945 Fort Construction,L.P. 224 E Vickery Blvd INSURER C:Travelers Pro ert Casualty of Fort Worth TX 76104 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1440249641 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. NOTVNTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR 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. ILTR TYPE OF INSURANCE POLICY NUMBER MMMIDDCY EFF PIMIDDDFADDL YY PY LIMITS A GENERAL LIABILITY Y Y CLP3670247 711!!018 711/2019 EACH OCCURRENCE $1.000,000 DAMAGE TO RENTE6-- X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) 5500,000 CLAIMS-MADE FX—IU OCCUR MED EXP(Any one parson) $1(1000 PERSONAL&ADV INJURY $1.000.000 GENERAL AGGREGATE 52,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $2000,000 POLICY X PRO.jEr LOC S A AUTOMOBILE LIABILITY Y Y CAP3670246 7/1/2018 71172018 COMBINED SINGLE LIMIT Me eetidenl 1000000 IX ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS HIRED AUTOS X NON-OWNED P OPERI DAMAGE S AUTOS er ecd.d $ A UMBRELLA LIAB X OCCUR Y Y CUP2815038 7112018 7/112019 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I I RETENTION S FOLLOW FORM $FOLLOW FORM B WORKERS COMPENSATION Y TSF0001271176 7/1/2018 7/1/2019 X We STATU- 0TH• AND EMPLOYERS'LIABILITY Y 1 N TQRY LIMITS FR ANY PROPRIETORIPARTNERIEXECUTIVE[--] N/A E.L EACH ACCIDENT $1.000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE-EA EMPLOYE4 S 1.000,000 rc yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMB I S 1,000,000 C Excess Liability ZUP51NO140418NF 7/1/2018 7112019 Ltm@ $5,000,000 Excess over Primary $5 Mill Umbrella DESCRIPTION OF OPERATIONS r LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space 1■required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth 200 Texas Ave AUORIZED REPRESENTATIVE Fort Worth TX 76102 n ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Contract Compliance Manager: By s% ' I acknowledge that I am the person responsible fort e m itoring and administration of this contract,including ens ' g 11 performance and reporting requirements. Name of Employee/Signature Ti4 o C ❑ This form is N/A as No City Funds are associated with this Contract i Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT WORTH,TX