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HomeMy WebLinkAboutContract 50145 '11 12 AAA oh 00 j CITY SECRETARY co G1�o� CONTRACT N0. ��lr 100 CONSENT AGREEMENT Iird 61. � FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COT JNTY 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 Project Builders Inc Acting by and through its duly authorized agent, Chris Roetto , 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: 515 Houston ST Commercial Loading Zone for Dumpster a, 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 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 1 and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. FOFF,ICIAL�r�R SAAR FT.rMORTIR,TX CONSENT AGREEMENTfor Temporary use of public properryt doc i I i 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. i 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: 25'x9' =225 sf 225 sf x .030 x 96 =$648.00 Total$648.00 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or f 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 96 days,from_ 1-8-2018 to 4-13-2018 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. i 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 t 2 CCNSENT AGREEMENTfor Temporary um of public propertyi doc R I f `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 shot-ter period of time as deemed necessary by the Building Oficial 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, r 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 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 same by City. 3 CCNSENT AGREEMENTlor Temporary use of public propanyl.rbc 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 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 shal I 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 E 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 CONSENT AGREEMENTfor Temporary use of pudic propartyt.doc ti I I 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 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, LICENNEES, INVITEES OR TRESPASSERS. I 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: l 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 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 AGREEMENTfor Temporary We of public propertyl Ate: 1 i x f k k 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 be void. 17. This agreement shall be binding upon the parties hereto,their successors and assigns. I8. 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. h 201-b EXECUTED this U day of' -raN GRANTOR: GRANTEE: --� CITY OF FORT WORTH Building Official Vico-Title 6 CONSENT AGREEMENTfor Temperery use of public propertyt.doe k f A OD F ' i AND LEGALITY: E Assistant City Attorney Date .40 City Secretary ;.� ate .`XAS M&C: 1295: 1 f r I f I i I OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CONSENT AGREEMENTfcr Temporary use of public properlyf.Goc i f E STATE OF TEXAS COUNTY OF TARR4NT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared--A1 I l soh ,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 onsideratio therein expressed, cis the act and deed of , and in the capacity therein stated I -:N UNDER JVfYMAND.�VD SEAL OF OFFICE this 11�day Of �'� , 20 Affiant Title 2Votary ubli in and for The State of Texas F(1197NR. G NAREZ ry Public-State of Texasry ID#12398238-8ission Exp.SEPT.13,2021 8 STATE OF T XA& �e0ejb4. COUNTY OF T.4-� T),e(& l b BEFORE ME the undersigned authority, a Notar Public n an For flee St to of T ko is"day personally appeared LM Q S V t i Q11. ld Z2t,�— ,known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that He/she executed the same for tlig,p��s�aid consideration;hCer�ein expressed,as the act and deed of t�� ��� �l , and in the capacity therein stated GMY-EIV UNDER W HAND AND SEAL OF OFFICE this _ day Of 20J�). Affia pt vl (e- Title Nota4,Pbl an and for The State ofd ,.StA••EoT, V I C K Y M D E .TON �;oTdgl., ; Notary Public, Georq,a 9 = = Fu!tonCounty 3cro �'„ My Commission Expires ", �,�` March2i, 2027 Contractors Name: Project Builders Inc Point of Contact: Russell Holdren Phone Number: 404-80 7287 Building Permit Number: P017-01164 05th Street Purpose for Closure: Dumpster Begin Date: 1-8-2018 End Date: 4-13-2018 Type of Taper according to pasted speed limit: 9'x 25' Tapers @ 30 MPH,l Oft Offset,150'minimnm Tapers @ 35 MPH,IOft Offset,,'los'min;nmm —crit"C06 � x Tapers @ 40 MPH,loft Offset 965'minimum No a� ftrrow x x x x x x x Houston Street �C�0 DATE(MWDD/YYW) �. CERTIFICATE OF LIABILITY INSURANCE 11/20/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIVICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOJRDED Bl4 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 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: Yates Insurance Agency PHONE404-633-4321 ' FAX 404 633-1312 2800 Century Parkway NE E-MAIL certs atesins.co Suite 300 -ADDRESS' o�y m Atlanta GA 30345- INSURERS AFFORDING COVERAGE NAIC# INSURERA:Amerisure Insurance Company ;19488 INSURED PROJBUI-01 INSURERB:Amerisure Mutual Insurance Company '23396 Project Builders, Inc. INSURER C:Travelers Property Casualty Co of America 125674 2970 Clairmont Rd NE Suite 150 Atlanta GA 30329 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:395174400 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 POLICY EFFTP'OLICY EXP LIMITS LTR IN D YWD POLICY NUMBER. MWDDIWYY MNUDD1YYYY I B X COMMERCIAL GENERAL LIABILITY CPP20731550702 11/12/2017 11/12/2018 EACH OCCURRENCE $1,000,000 � DAMAGE TO RELAT IXE CLAIMS-MADE I OCCUR PREMISES fEa occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000,000 POLICY�jE T (7]LOC PRODUCTS COMPIOPAGG $2,000,000 OTHER: $ B 'AUTOMOBILE LIABILITY CA20731540702 11/12/2017 11/12/2018 Eaacddent IN LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNEDSCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY �I AUTOS HIRED r� NON-OWNED PROPERTY AMA X AUTOS ONLY XI AUTOS ONLY Per accident $ B I X UMBRELLA LIAB X OCCUR CU2094B760302 11/12/2017 11/12/2018 EACH OCCURRENCE $10,000,000 PI P EXCESS LUAB CLAIMS-MADE AGGREGATE $10,000,000 OED !X I RETENTIONS-0- { $ A WORKERS COMPENSATION WC20731570701 11/12/2017 11/12/2018 PER 0TH AND EMPLOYERS'LIABILITY X STATUTE ER YIN ANY PROPRIE70R.�PARTNER�F�CECPL".I'uE �'N/A E.L.EACH ACCIDENT $1,000,000 OFFI CERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,desmbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C !Builders Risk I QT66059OM5700TIL17 11/12/2017 11/12/2018 FIRM&JM$2.5MM NC$13MM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached K more space Is required) Builders Risk Subject to Monthly Reporting. Subject to policy terms,conditions,forms, and exclusions,the insurance coverages afforded by the policies above include the following when required by written contract for the certificate holder and/or entities listed below:Blanket Additional Insured in regards to General Liability for ongoing and completed operations and Automobile Liability; Blanket Primary and Non-Contributory in regards to General Liability; Blanket Waiver of Subrogation in regards to General Liability,Automobile Liability and Workers Compensation; Per Project Aggregate applies to the General Liability; Umbrella is subject to policy limits,forms,terms,conditions,and exclusions. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth TX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRES NTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD