HomeMy WebLinkAboutContract 52163 CITY SECRETARY
CONTRACT No. 59 1 b 3
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
TIES 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 Ike &LLB C--Aj�VKP
Acting by and through its duly authorized agent, N1w�5a✓1 ,
Hereinafter referred to as"Grantee".
WITNESSETH:
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: 111(p h6AShkj
64-fzc), . fir+ W 041, . Tx '+1.102 , S Alw.dk # d. _,P vLu-r^e4-s
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. I
2.
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- orks of City.
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OFFICIAL RECORD
�I°�Y S%AETARY
CONSENT AGREEMENTiorTemporary see pu ficprop" oc �
FT WORTH,TX
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3.
Upon expiration of this agreement and the privileges granted hereunder, there shall be no f
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_,nronerty, The estimated total amotint of said fee is:
IFf00 6s X p.015 x 3y $ly Cs;elcu,,,lk
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
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 agreement shall be for 30 days,froml
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.
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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 f
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CONSFNr AGRF.EMENTfor Temporary use of public properlyl.doc
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"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 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. 1
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 rights-of-way to the condition prescribed herein, and
City shall not be responsible for trespass or any other damage or liability in connection with such
removal or restoration. Grantee shall reimburse City for the cost and expense of such removal
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and/or repairs immediately following billing for same by City.
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CONSENT AGREEMENTfor Temporary Lisa of pudic propertyl.doc
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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 fiirther 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 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 statue, 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 propeuty 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 }
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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.
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CONSENT AGREEMENTfor Temporary use of pudic propertyl.doc
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14.
GRANTEE COVENANTS AND AGREES TO INDENT FIFY, AND DOES HEREBY
INDEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
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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 i
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
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OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT 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 CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR f
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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, LICENNEES,
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INVITEES OR TRESPASSERS. #
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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 I
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
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Bodily injury, per person $250,000.00
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Bodily injury or death, per occurrence S500,000.00
With the understanding of and agreement by Grantee 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
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CONSENT AGREEMENTfor Temporary use of public property1.doc
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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 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 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 he 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_ eday of__V�lwv_Piln__ , 200.
GRANTOR: GRANTEE:
CITY OF FORT WORTH T;%c $"
Building Official
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OFFICIAL RECORD
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Assistant City Attorney Date
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OFFICIAL RECORD
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CITY S/ECRETARY f
CONSENT AGREEMENTfor Tempora useF;lrjj lki -.UIJ TX j
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STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Public in and
For the State of Texas, on this day personally appeared_ 5 OCA^
,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein
expressed, as the act and deed of !V&c j�c.k "rek? j
and in the capacity therein stated
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
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Afftant 1
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Notary Public itf and for
The State of Texas
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f GWENDOLYN SNEER
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My Notary ID#129287984 1
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
F ee State9f Texas, on this day personally appeared
known to me to be the person whose
name is subscribe to the_foregoing instrument, and acknowledged to me
that he/she executed the same for the purpo es and con eration therein
expressed, as the act and deed of + 09, GtNk ,
and in the capacity therein stated. /� �T I
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� GIVEN UNDER MY HAND AND SEAL OF OFFICE this (- L K day I
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Nota ublic in and fo
The ate of Texas
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Contractors Name:__ �(,� L�wu w
Point of Contact: M9j
Phone Number: �� � _
Building Permit Number:. BI _ 1 r 3r(,
Purpose for Closure: �KSEn�.Etbv�
Beg in Date: 3 1'► End Date: ,T 3 /Type of Taper according to posted speed limit:
Tapers @ 30 MPH,1 Oft Offset, 150'minimum
Tapers @ 35 MPH,IOR Offset,ao5'minimllm
t Tapers @ 40 MPH,1 Oft Offset,a 65'minimum
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Page 1 of 1
DATE(MM/DD/YYYY)
AC"R L O CERTIFICATE OF LIABILITY INSURANCE
06/25/2018
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 poiicy(les)must have ADDITIONAL INSURED provisions or 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 endorsements.
PRODUCER CONTACT
Willis of Texas, Inca NAME: _ FAX
c/o 26 Century Blvd PHONE , 1-8877-945-7378 II No: 1-898-467-2378
EMAI
P.O. Box 305191 ADORLE , certificates @willis.core
Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAICA
INSURER A: ACE American Insurance Company 22667
INSURED INSURERS: RSUI Indemnity Company 22314
HCBeck, Ltd.
1807 Ross Avenue INSURER C: ACE Property & Casualty Insurance Company 20699
Suite 500 INSURER D: '
Dallas, TX 75201 INSURER 5:
INSURER F:
COVERAGES CERTIFICATE NUMBER:W6600783 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 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.
INSR _ TYPE OF INSURANCE DD S BR pOLICY NUMBER MWODtYYYY MtOiU�DDJVYYY LIMITS
LTR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000
CLAIMS-MADE OCCUR PREMISES a RENTED rrenre y$ 1,000,000
A MED EXP(Any one son $ L0,000
y CGO- G28114825 07/01/2018 07/01/2019 1,000,000
PERSONAL d ADV INJURY $
GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000
POLICY I JECT 7 LOC PRODUCTS-COMP/OPAGG $ 2,000,000
OTHER $
AUTOMOBILE LIABILITY COMBINEDISINGLE LIMIT $ 1,000,000
(Ea acciden
X ANY AUTO BODILY INJURY(Per person) $
A OWNED SCHEDULED y CAL— H09090502 07/01/2018 07/01/2029 BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY f accident)
$
B X UMBRELLA UAB X OCCUR I EACH OCCURRENCE $ 10,000,000
EXCESS LIAB CLAIMS-MADE y NMA083332 07/01/2018 07/01/2019 AGGREGATE S 20,000,000
DED I I RETENTION$ $
WORKERS COMPENSATION OTH-
ANDEMPLOYERS'LIABILITY YIN
X PER AT T R
1,000,000
A ANYPROPRIETORJPARTNERIEXECUTIVE E.L.EACH ACCIDENT s
OFFICER/MEMBEREXCLUOEO? NIA Y RWC- C48581432 07/01/2018 07/01/2019
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
It yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E. DISEASE-POLICY LIMIT $
C Excess Liability - 2nd Layer y XCQ G28139093 003 07/01/2018 07/01/20L9 Each Occurrence $10,000,000
Aggregate $10,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required)
City of Fort Worth is included as an Additional Insured as respects to General Liability, Automobile Liability and
Umbrella/Excess Liability policies where required by written contract. A Waiver of Subrogation applies in favor of
City of Fort Worth with respects to Workers' Compensation policy as required by written contract and as permitted by
law.
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
Planning is Development Department AUTHORIZED REPRESENTATIVE
1000 Throckmorton St. INICCASS 6&t:)
Fort Worth, TX 76102
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
911 10: 16350254 BATCH: 762435
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Lauo ' "/�
Name of Employee/Si ature
�otarc6&�kkp?4D,
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature
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ICIAL RECORDY SECRETARY'WORTH, TX