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HomeMy WebLinkAboutContract 50869 CITY SECRETARY CONTRACT NO..iLlb CONMNT AGRERMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OY TEXAS COUNTY OF TARRANT THIS .AOREEWNT is made and entered into by and between the City of Fort Worth, rt muriMpal oorporntion ofTatrant County;Texas,actinghoroln by and through its duly authorized Building Official,hereinafter referted fo.tis the'`City":and. Acting by.and through its duly nuffi6eizgd agent, HereinufPee 1'eferred to as"Orantee". WITNESSETH: For and i11 cafiis derat(ori of tine payrnont by Gra►itee of charges set qut below.and the trine and Faith-1111 perfoiinance of:the mutual gwei is.herein cotitalned, Clty (ereby grflttts to Grantee pernii0oit to tehipora•ily efioroach aeon,i►ses Mid oactipy portion of the space on der,on and/or :above the 91reets,alleys,sidewalks.or other publlc.rIghfi-of-Nvtiy M folloitvs:* The location and-description of said encroachrnent'Is.more particulm-ly-descrlbed.ini ExhlbIt"B" attached hereto, inoorporafed herein And rnado a parthemoffor all purposes, .Z. All ose and occupancy otpubiic strdet;.,aligys,sidowalks or othor ptiblio rights-of-way under this agreernent shall he in strict compliance with the Gharter;.Ordinances and Codes cif the City and iti accordance with the directions of the Building Offioial and the 01rootor'of Transportation and Public Works of City. Q� 2 3 4 Ss OFRECORD CITY SECRETARY ��CFjV�D o F`Ii"�WORTH,TX crn spa 42018 1 c0W8EM'QF16EMENr10rrammiuryweofOueK oovewtd- ey fCy`�ggYT1f ,�a 3. Upon expiration of this agreement and the priVileges granted hereunddr) there shall be no enaivadhmdnt by Grantee i1n,under,on or above the surface otthe public rights-of-way involved. 4.. Grantee -hgteot to pay in advance-At! Oioroaq6ellt t6e for the temporary privilege of encroaching upon portion ofth public rights-of-Way as described InExhlbit"B". Said fee is calculated k the nia6nel-and amounts prosorlbed by the-Bul.1 din9 y'Code of the cit, of 170 it.Worth for twuporary use:dr o0ou.pan.Oy of Plibliq'irop6l"tY. 7h C* estilnutbif Mid amount drold tvd is: ZD X (a -Z'/g 63, OZ) .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- on,c,t4oadliniont, use and occupancy,hieludhig the securing of approval and coilsenf from the reinstallation,relocation or repair of any exitting or fixture traffic control device or Impirovenien't owned or colistrOteed.by or on behalf-of the public or ill public expense is rnfide, more costly by Walla of the qx:)m.v.k*e of mich ailor6achimmal-Alld 11.36, firnot" shrill pay 0 City and addi tonal orriolifi.t Oqual to§fthodaitio4l cost mAetorbijO641 by City.. G. 4, . The term of this a,gl�eemioht shall be.for- ,Heys,from.06&1). . to W,'r"V Pro.V1ded,:hOW6Vek,.4hpifld ft rived for.the bildrolmhnibfils..gahteo IKreurid, er flt a0y.01tid,cose, Grantee agrees to imnibdiotely.h6ffy City 6f.so'ch condition;arid, upon receipt of iudh notice by the Buildins Official of the City of Fort Worth.this 6Pe 0610jit shall 1611.IT 7. It is -oxprosily understood and A&W 60 this Cbnknt A&6,emeiit 1.9 'for A t6mP61.81-Y Arneni in, under, over and upon the pvMlq,p: j,6p'erty.v's located it described fi enoLoac: qd .dqsp b6d i. Exhibit CONGEW AGME46.KFWTW*w-j was O(P"Q PWPOFW00 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. S. City, through its duly authorized representatives, shall have the full and narestric.ted right to enter upon all public right&of--way foil the purpose of making inspections to. determine comptiance with the terms, covenants and condi tirn►s herein. In the event that any inspection should reveal a breach of.any terms, covenants or coi►ditions herein, City shall give Grantee notice ofsucli 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,tim.a as deenned necessa►y by the Building Official for the protection.of public health or safety,City may terminate end 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 Worlcs or his duty 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(t)year after the termination of this Consent Agreement, Grantee will:repair all conditions or'damoges to the streets and sidewalks or other rights-of-way that have resulted from Grantee's use or occupancy of Hie 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 T►•tinsportation and Public Works or his designee. All repairs shall be performed ill an. expeditious and worlcmanllke 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 removal or restoration,the CROW[have the right to remove or dispose.of any barricades, enuipment,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 CONSEWAOREEMENrfa Temporary Pie d puW propwtyt.d- 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 tights-of-way followingtermination 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 forAie 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 ofthe'streets,then this agreement shall be automatically' cartceled And terminated, 11. Grantee agrees to comply Mly 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 proruptly when flue all fees, taxes or rentals provided, for by this agreemont of by any federal,state or local statue,law or iegnlation. 13. Grantee covenants and agrees that it shall exercise all rights and privileges.granted hereunder RS an independent contractor,.and not as an offieer, 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 CONSeNrAbREEAMMor Temporaryureofpugk propedyf.doo 14, GRANTEE COVENANTS AND AGREES TO INDEM 1IFY, 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 HE,RE,UNDER, WHETHER OR NOT CAUSE, IN WHOLE OR PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, 'EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND GRANTER. HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, ITS OFh'1(CERS, AGENTS, SERVANTS AND )EMPLOYEES, FOR SUCH CLAIMS OR SUITS, GRANTEE SHALL LIICEWISE 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 OE GRANTEE, ITS OFFICERS,FIC1RS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES, INVITEES OR TRESPASSERS, 15. Grantee agrees to ftu•nish'City With a Ocrtificate of 1 isuritnee, naming City as certificate holder, as.proof that it has secured and paid for it policy.ofpublic'Liability insm-nice covering all public risks related to- the. proposed use and occupancy of,public property as located .and described in Ekhibit"B". The amounts of such insurance shall ba trot less that the following; Property damage,per occurrence $100,000.00 Bodily injury,perperson $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. Stich 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 CON3ENTAOREEMENTfor Tempawy use of pu1Aeprope,ly1.Anc of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Fxliibit"A". Grantee agrees to.submit a siit liar Cortif en'te of Insurance annually to City on the anniversary date dithe execution of thls agreeni6nt. Grantee, agrees, binds and obligates itself, it surae§sots and irssighs, to maintain and keep.in force such.publio liability iilsiunnce nt all times during the.term of ibis agreemeiit'and until the removal of all encroachments and the oleaning'and restoration of the city streets. :All insurance coverage required herein shall Include coverage of all Gniiitee's contradtoi;s. 16. Grantee covenants and agrees that it will not assign all or f6y of its rights,.pkiVilegos or dUCies under this coutract without prior written approval of City, and any otteinptod 4sslgnmmpt without stich prior written approval shall lie void. 17. This agr6oilient'sh4ll bg'bind.ing uponahg pa1•tles hereto,their successors mid assigns. Should ally action, whoth6r real oi• asgorted, at law•or hi equity, prise out of the terms and conditions of this ngv'6ineiit or out of the,use and occtlpaiiey of City property as permitted hereunder,vontic forsaid-actiwi gliall be in Tarrant Couotyi Texas. 19, In any nation brought by City fvi•the.enfoNe�mot.ol'the obligations of Oro itee,'City shall be entitled to recover interest and reasonable.attorneys' fees. BXBCUTBD thi&T *fitlyof ,M01-2-018 GRANTOR: GRANTS& CITY 01r OAT WORTFr 7AEY l'fiL Building-Official Title. s CONSENTAdOMWhIkrTwMawyoNWp QDr.WW.doa A O DT FOR AND i , YALITY: t t City Attorney Date CSecretary Date pFV:�RT2 U :_ M&C: 1295: �XAS ffOFFICIAL 7 CONSENT AGREEMENT(orTemporaryu:eolPublic proparlyt.doc S TA T)7, OF T'. )M,S COUNTY OF TARRANT BEFORE ME, the undersigned aulliodly,a.Nota,y Public in and .For the State of Terris,on this day pet"nally appeared -- T rQ./ i! ,known to ine to be Ilie person whose ttrtttte is stfbset-ibed to the foregoing itrstrrtrnent,titin acictrottvleflged io the that fie/shee ecutedthesamefor•thepurposesand considerationtherein expressed, as the act and deed of Rc�erc .GJ.6rieu. CA,,-,S(r ✓c{iu�_, anal in the capacity therellt Stated. GIVI WN CINDER AIT AAND AND SEA'OP Ol%lt,ICE tits �� t�_ filly 0•f Nl_A ,201 . Affian .S£rei�� PiieolEtT��1�9✓•%��f12. Title Notary Public in anti for The State of Texas .............. °v to, MATTHEW CURRY •' Notary Public,state of Texas Comm. Expires 01-13-2020 hp,,,, Notary ID 130495098 8 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and r t pStqte of Tex( , on this day personally appeared ,known tome to be the person whose name is subser' ed to the fore ing instrument, and acknowledged to me that heYshe executed the same for the pur uses and consideration therein expressed, as the act and deed of i2n, e9.d.J e e , and in the capacity therein stated. j UNDER MY HAND AND SEAL OF OFFICE this � day Of 1��.+�ti-- 1201 , Aunt 6th c.r 140 T l—e Notary) ublic in and for The State of Texas o'''" R. G NARR. G AREZ Notary Public-State of Texas Notary ID#12398238-8 Commission Exp.SEPT.13,2021 9 Contractors Name:_190641P-5 ^ AIL AJ .-J %, NContact Person: —67-,'Ck�5 P?LW 0`L— Phone number:_ 1 -7-2 9 ^0�� Building Permit number: Begin Date:,c,j-r )F1 End Date: ��N��a Purpose for Closure:&r TA'GT r Tz ti 144 Sk 11104OR"® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/Y" 6/27/2017 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 CONTACT MHBT,a Marsh&McLennan Agency,LLC company PHONE NAME: Serena Branson Serena 0-7176 FAX 972-376-8135 8144 Walnut Hill Lane, 16th Floor E-MAIL Dallas TX 75231 Serena Branson@mhbt.com INSURERS AFFORDING COVERAGE NAIC 4 INSURER A:Liberty Mutual Insurance Company 23043 INSURED ROGEROBR INSURERB:XL Insurance America, Inc. 24554 Rogers-O'Brien Construction Company LTD INSURER C:Em to ers Insurance Company of Waus 21458 1901 Regal Row Dallas TX 75235 INSURER D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 1822179199 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY TB2691459545057 7/1/2017 7/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occ-rence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 JPRO- POLICY [K] F—]LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: I $ A AUTOMOBILE LIABILITY AS5691459545037 7/1/2017 7/1/2018 COMBINED SINGLE iMIT $ Ea accident 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ AALL UTOS OWNED SCHEDULED BODILY INJURY(Per accident) $ UTOS X HIRED AUTOS Ix NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident B X UMBRELLA LIAB X OCCUR US00063378LI17A 7/1/2017 7/1/2018 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X I RETENTION$10,000 $ C WORKERS COMPENSATION WCC691459545027 7/1/2017 7/1/2018 X PER I I OTH- AND EMPLOYERS'LIABILITY Y/N TATUTE L ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Additional Insured form#CG2010 edition 04/13 and#CG2037 edition 04/13 applies to the General Liability policy. Waiver of subrogation form#CG2404 edition 05/09 applies to the General Liability policy. Primary&Non-Contributory form#CG2001 edition 04/13 applies to the General Liability. Additional Insured form#CA2048 edition 10/13 applies to the Automobile Liability policy. Waiver of subrogation form#CA0444 edition 10/13 applies to the Automobile Liability policy. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ft.Worth Street Permit Center THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 311 W. 10th St. ACCORDANCE WITH THE POLICY PROVISIONS. Ft.Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ROGEROBR LOC#: ACC>RQ ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED MHBT,a Marsh&McLennan Agency, LLC company Rogers-O'Brien Construction Company LTD 1901 Regal Row POLICY NUMBER Dallas TX 75235 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 96 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of subrogation form#WC420304B edition 06/14 applies to the Workers Compensation policy. Notice of Cancellation form#LIM9901 edition 05/11 applies to the General Liability policy. Notice of Cancellation form#LIM9902 edition 08/11 applies to the Automobile Liability policy. Notice of Cancellation form#WM9018 edition 06/11 applies to the Workers Compensation policy. The General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with"Primary and NonContributory"wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Worker's Compensation policy includes a waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability,Automobile Liability&Worker's Compensation policies include a blanket notice of cancellation to the certificate holder endorsement, providing for 60 days'advance written notice if the policy is canceled by the company,or 10 days'written notice before the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation to the certificate holder if the named insured requests cancellation. The City of Ft.Worth, its Officers and Employees named as an Additional Insured. Waiver of rights of recovery(subrogation)in favor of the City of Ft.Worth. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD