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HomeMy WebLinkAboutContract 52407 CITY SECRETARY C�\\AVo (--t aNIRACTNO. �woRnk c�C SC'Opal CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT i i THIS AGRFF.,MENT 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 L,A bed6 L rp,.ej� Acting by and through its duly authorized agent, Hereinafter referred to as"Grantee". 1 WITH SSETH: 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: k 901 6W huc pp CCM4 — B " AuE7. kqn�mjs— 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 Works of City. OFFICIAL RECORD CITY SECRETARY A CONSENT AGREEMENTtor Tempera ..FfTVbV apprtyI do, 3 i 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 4 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 s r for temporary use or occupancy of public property. The estimated total amount of said fee is: !61* Z71V ,c 4' 1.1 D4 s IS��r 1�� 33e (1.s = 5, 4(,4.bo Trff-A\- —�a�'--x.y, =��QCllAV- tC ys0 S5 s_ 5S$ 5C.ff x D•aS Sf.2FTI cue., K To'w r- 0 4A SLAR-so s. 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. b. The term of this agreement shall be for 330 days,from b—S/nj2,aLq---_to pg1 f��zozu , 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 CCNSENT AGREEME NTfor Temporary use of public property doc "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) i 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. 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 i condition acceptable to the Director of Transportation and Public Works or his duly authorized 3 representative and in accordance with then existing City specifications, and Grantee shall remove all barricades, equipment, supplies, materials or other property Erom 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 i designee. Grantee agrees to begin such repairs within thirty (30) clays of receipt of notice from j 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 rernoval 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 he 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 and/or repairs immediately following billing for sane by City. 3 CONSENT AGREEMENTfor Temporary-.isa of public property1.doc i 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. I to. f 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 term hereof determine in its sole discretion to use or cause or permit to be used for any public purpose the said encroached portion E of the streets, then this agreement shall be automatically canceled and terminated. t 11. Grantee agrees to comply fully with all applicable Federal, state and local laws, statutes, f ordinances, codes or regulations in connection with the construction, operation and maintenance i of said encroachments and uses, i f 12. i i Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this i agreement or by any federal, state or local statue, law or regulation. i t € 13. f 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 i 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 respondcat 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 CONSENT AGREE MENTfor Temporary use of public properb/1.dac 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 ENCROACHMENT AND i 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 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 f public risks related to the proposed use and occupancy of public property as located and i described in Exhibit"B". The amounts of such insurance shall be not less that the following: Property damage,per occurrence $100,000.00 s Bodily injury, per person $250,000.00 Bodily injury or death,per occurrence S500,000.00 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. 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 5 CONSENT AGREEME NTfor Temporar/use of puhlir,propertil r1nr. 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 Linder this contract without prior written approval of City, and any attempted assignment without such prior written approval shall be void. 17. i E 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 �I 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. 1� EXECUTED this day of �..� , 20U. GRANTOR: GRANTEE: CITY OF FORT WORTH L M13Fc%L- G to&& t_1.c, Building Official - --- V ;r� Title `, RECORD, D 9 s CITY SECRETARY CONSENT AGREEMENTfor Temccrary use pubp ra A D TO M AND LEGALITY: Assists t City Atto ey Date City Seeretary el T•� 4 Date '3t i I i t 1 i i i i i i i t i i I i t t t, OFFICIAL I�ECOR'E- CITY SECRETARY FT. WORTH,Y 7 CONSENT AGREEMENTfcr Temporary u pt is propertgf.doc ! i. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Pt blic in and For the State of Texas, on this flay personally appeared (S en z ,known to me to be the person whose nairte is Ihscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the pur, ores andM-S ideration therein i expressed, as the act and deed of " fa and in the capacity therein stated. GIT EN UNDER MY NAND AND SEAL 017 OFFICE this �V+ day Of u- 20-( -. i MEG1iAN M FALCON ' Notary ID#131797359 2 My Commission Expills November 14,2022 f Affaant ZU J �Gr1rf A a�7T U�2 Title E 4 Not Public in and for f Th ate of Texas l i s OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX E. STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For l State of Tex , on this(lay personally appeared k�g ar'TMI I IJI ,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— LIN Cev— 4K age and in the capacity therein stated zi C-1jT_N. UNDER NIY MA ND ArtYD SEAL OF OFFICE this day Of ---1YL i E I i Affiant E vPI ���� bc6cvriVE Title f 4 ::°�;., BECKY FREE Notary Pu lic ill and for •; My Notary ID#8277553 f Expires June 10,2021 The State of Texas i 9 LFTWORTH., RE w ETARY TX � N Y aiji N Sq W ' co a a' ai ai vvi v Cl)o H � d ' �000 � �F 0 ■ s. ,....w..r..�wfi`Yr.rrwe 'a, a..gyp..tsr- x �+ t I9z N � xxx Clco J 7 0 y Ln r X 4 O N C3 X z A isI al ci. v 0 m I a X W co x 00 co co �. Y 3N X 3 N E f' Q cn ' r IF mul f Ft l i �• 4 C`i�ilCra7iJly - 0 iMILM Page 1 of 1 ACO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2018) 12/19/2018 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 policy(ies) 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 endorsement(s). PRODUCER CONTACT NAME: Willis of Texas, Inc. c/o 26 Century Blvd A O N Ext: 1-877-945-7376 AAC No): 1-888-467-2378 E-MAIL certificates@willis.com P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC# INSURER A: Arch Insurance Company 11150 INSURED INSURERB: Allied World National Assurance Company 10690 Linbeck Group, LLC 3900 Essex Lane, Suite 1200 INSURERC: Houston, TX 11027 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W9495819 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 DDL TYPE OF INSURANCE A SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYV MM/DD/YVYV X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR P REMISES (E.occur ence $ 500,000 A MED EXP(Any one person) $ 10,000 Y 41PKG8914810 12/20/2018 12/20/2019 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 RO- POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 X EXCESS LIAB CLAIMS-MADE 0311-0949 12/20/2018 12/20/2019 AGGREGATE $ 8,000,000 DIED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella/Excess is Follow Form. City of Fort Worth is named as an additional insured on the General Liability and Umbrella policies. 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 AUTHORIZED REPRESENTATIVE TPW-Street Management Staff 311 W. 10th St. Fort Worth, TX 76102 ` ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 17260359 —CH: 996285 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. Name of Employee/Signature G S4 ' Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT WORTH,TX