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HomeMy WebLinkAboutContract 51122 CITY SECRETARY I� CONTRACT NO._ i CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS i COUNTY OFTARRANT TRIS AGREF.,MFN"i" 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 The Whiting-Tumor Contrtctine Company s Acting by and through its duly authorized agent, Michael Kersey , i Hereinafter referred to as"Grantee". i i WITNESSETH: i For and in consideration of the payment by Grantee of charges set out below and the true and I { faithful performance of the mutual covenants herein contained, City hereby grants to Grantee 1 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: i iii Th aCk"t onnn Cl For Wrirtlt TX 7610'2 Parti ll of the (X}BIUr};of West 241d cttrc'6m:Ata•:+c•ucnt�) f 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,alloys,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 and Public Warks of City. d RECENU , OFFICI7RECGNSENtACREEMEWIor7 pwary used pcITY OF soar woRrH CITY SCITY SECRETARY 1A _ 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. 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 h1 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: Calculations: 18'X86' = 1,548sgft of street x $.03/sgft/day x 248 days = $11,517.12 i c Parking spaces accounted for on parking rental requests i s. Grantee, at no expense to City, shall make proper provision for the relocation and/or i installation of any existing or future traffic control devises or other improvements affected by I I 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, i reinstallation, relocation or repair of any existing or future traffic control device or improvement i � owned or constricted by or on behalf of the public or at public expense is made more costly by l 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. I I 6. i The term of this agreement shall be for 248 days, from_Anal 28,2018 to December 31.201,8 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. i 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 I 2 CONSENT AGREEMFNTror Temporary use of public propertyl.Coc { 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 I 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 I Building Official for the protection of public health or safety, City inay terminate and cancel this agreement. I i 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 shaft be performed in an expeditions and workmanlike manner and shall comply with all applicable laws, codes, ordinances and City specifications. In the event that Grantee fails to comply with tiie 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 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 same by City. 3 CCNSENr A6RtEFMFNT(w Temperwy vw al pubic rmpe yl doe Nodiing herein shall be construed as a waiver by City to enforce penal sanctions prescribed by the Code of the City,of Fort Worth and ilia 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, atleys, sidewalks and other public rights-of-way, including the portions of etch 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 Statc of Texas or by the Legislature; and the City cannot contract away its ditty 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 Itereof determine in its sole discretion to use or cause or permit to be used for any public purpose the said encroached portion of the stree=ts,then this agreement shall be automaticrdly 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 rises. 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 property and all persons performing same,and shall be solely responsible for die acts and omissions of its officers,agents, servants,employees, contractors, subcontractors, licensees and invitecs; 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 CONSENTAGREEMENTIn Tawpoma yuN at wpSe Proo lye d= t a. GRANTEE COVENANTS AND AGREES TO INDENT 1IFY, AND DOES HEREBY 1NDEMI IFY, .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 HE, ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILI'T'Y 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. I5. 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"l3". The amounts of such insurance shall be not less that the following: i Property damage,per occurrence 5100,000.00 Bodily injury,per person $250,000.00 Bodily injury or death, per occurrence 5500,000.00 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 tha: it cannot be canceled or amended without at least thirty(30)days' prior written notice to the Building Official 5 CONSENT AGREEMENTfa Txmp—jusn ofc"c pw—l-/l nrr. of[lie 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 assi[ns- 18. Should any action, whether real or asserted, at law or in equity, arise out of the terms and conditions of this agrueuleut or out of the use and occupancy of City property as permitted hereunder,venue for said action shall be in Tarrant County,Texas. i 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 W day of �v � -t GRANTOR- GRA�TEE: CITY OF FORT WORTH � Building Officia Vice President Title 6 CONSENT AGRE£MBNTICr Tama try used PAkP=er v,o- OFFICIAL RECORD CITY SECRETARY FT.WORTH j TX 1 I I� I APP IF�ND LEGALITY: D Assistiint City Attomey. Date f i i i Ck Secreta Date < i rV 4 2 g •'�,d y M&C: N � A 129&, I i I I l I i i S 1 i OFFICIAL RECORD C1'1"'r'8/CR,EYAY 7 CONSENT AGREEMENTfcr Temporary use of public properfyt.toc Mt I STATE OF TEXAS COUNTY OF TARR9NT BEFORE ME,the undersigned authority,a Notary Public in and For the State of Te�on this day personally appeared ,lueojvri to ine to be llie person tivitose name is subscribed to the oregoing instrument,and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed,as lite act and deed of I/i,ek fr4fii =1!XfMv tMf1"a4"11 and in the capacity therein stated. GIVEN UNDER AfY Hfl ND ANO SEA L OF OFFICE this _j2WI day Of 20. I{ . lCIA L PINL M Afftant ,.j MICOMM.A.-�q Le-CS Cry { A,Rvp MMeb Z1,19 , Title Notary Public in and for The State of Texas S OFFICIAL RECORD CITY SECRETARY FT.WORM`I'X STATE OF TEXAS COUNTY OF TARRANT BEFOREI✓lE,the undersigned authority, a Notary Public in and F VSttrte of Thisrda{y personally appeared AD,lb&-, *W ,known to me to be the person whose natne is subscribed to the regoing instrument, and acknowledged to me that hevshe executed the sante for the purposes and considerati n therein expressed, as the act and deed of , and in the capacity therein stater. G PWIV UNDER M-MAND ND SEAL OF OFFICE this day Of _ 2a_1 ., F-- Affiant isrl�finq 7 C Q Title Notary Public in and for The State of Texas o,►Aypo� R. G. NAREZ : Notary Public State of Texas Notary ID#12398238-8 Commission Exp.SEPT.13,2021 9 OFFICIAL RECORD CITY SECRETARY F"1'.WORTH,TX Contractors Name: Point of Contact: Phone Number: Building Permit Number: Purpose for Closure: Begin Date: _ _ End Date: Type of Taper according to posted speed limit: Tapers @ 30 ivTH,IOft Offset,150,minimum Tapers @ 35 MAH,IOft Offset,a05'Minfinum Tapers @ 40 MPH,l Oft Offset,ab5'minimum 011 -ZIP ` f ACCME� CERTIFICATE OF LIABILITY INSURANCE 02/20/2018M` °°`m"' 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 Rebecca Gierczak NAME: Riggs,Colmselman,Michaels&s Downes PHOfAtCNE 410 3395880 1307 FAX (410)339-7234 555 Fairmount Avenue ac No E-MAIL ierczakarcmd.com Baltimore,MD 21286 ADDRESS: rgierczak@rcmd.com (410)339-7263 INSURERS AFFORDING COVERAGE NAIC tl INSURER A:Travelers Indemnity Company 25658 INSURED INSURER B:Travelers Property Casualty Company of America 25674 The Whiting-Tumer Contracting Company 300 East Joppa Road INSURER C: INSURER D: Baltimore,MD 21286 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:951001 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. INSPLTR TYPE OF INSURANCE ADDL SWVD BR POLICY NUMBER POLICY EFF MMIDDfYYYY LIMITS LTR A GENERAL LIABILITY VTC2KC05788B20AIND17 8/1/2017 8/12018 EACH OCCURRENCE $ 2.000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea ocKtNcurrence $ 1,000,000 CLAIMS-MADE 7 OCCUR MED EXP(Any one person) S 10,000 PERSONAL BADVINJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG S 4,000,000 POLICY X PRI X JFCT LOC S g AUTOMOBILE LIABILITY VTC2ICAP5788B223TIL17 8/1/2017 8/12018 CEa OMBINEDaccltlentsINGLELIMIr $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS Peraccide t UMBRELLA L1ABOCCUR EACH OCCURRENCE s EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED I I RETENTION S S A WORKERS COMPENSATION 8/1/2017 8/1/2018 XWCSTATU- OTH- AND EMPLOYERS•LIABILLTY YIN VTC2KUB6B64125917(all other) ANY PROPRIETORIPARTNER/EXECUTIVE O NIA VTC2KUB3H72695417(WI/MA) E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Job 416418:Sundance West,333 Throclanorton St.,Fort Worth,TX 76102 CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1000 Throckmorton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE V11T14 THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORED REPRESENTATIVE, Client# 16408 Mst# 17 W`hitin,GAW Subject ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD