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HomeMy WebLinkAboutContract 34036 i .� SECRETARY RO . 1 �4i'JTR�O T �CC i � CONSENT AGREEMENT I FOR TEMPORARY USE OF PUBLIC PROPERTY 4 STATE OF TEXAS COUNTY OF TARRANT _ i THIS AGREEMENT is made and entered into by and between the City of Port Worth, a f municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized !i Building Official,hereinafter referred to as the"City"and `9entk-t San eae. hit&A Ft n..r.a.q�c.04 c.,�" ` ea W L� , Acting by and through its duly authorized agent, , 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: Tr'e.rv�+b 1, 7 {{ Sc- off' aad, Zor►e. - fir d.�(. rb 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 i this agreement steal[ 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 i and Public Works of City. I i i ' CONSENT ACREEMENTfor Temporary use of puhricpropertyt.doc _I ( i IIII i 0 � - r- tillr Vi f . i � I 3. Upon expiration of this agreement and the privileges granted hereunder, there shall be no I encroachment by Grantee in,tinder,on or above the surface of the public rights-of-way involved. i f 4. !� Grantee agrees to pay in advance an encroacliment 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: -- ----- 10-b 7 4, ai 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 I amount equal to such additional cost as determined by City, } s 6. The term of this agreement shall be for days,from 44aI& to , i 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 I i the Building Official of the City of Fort Worth,this agreement shall terminate, i i 7. I It is expressly understood and agreed that this Consent Agreement is for a temporary I encroachment in, tinder, over and upon the public property as located and described in Exhibit t i i 1 i I i ? 2 CONSENT AGRFEMENTior Temporary use of public propertyl.doc k F . I f t "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 frill 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. 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 j 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(I)year after the termination of this Consent f Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other eights-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 j 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 ail applicable laws, codes, ordinances and City specifications. In the event that Grantee fails to comply with the covenants herein contained with respect to I f 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 i i I the City are necessary to bring the public rights-of-way to the condition prescribed herein, and i 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. " 1 3 CONSENT AGREEMENTfor Temporary use of public propertyl.doc ++ i j i a E 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 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 1` 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 } 1 of the streets,then this agreement shall be automatically canceled and terminated. f I F t f 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 property and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, i 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. s 4 CONSENT AGREEMENTfor Temporary use of public propertyl.doc I � I t I 4 { 14. I � GRANTEE COVENANTS AND AGREES TO INDENT TIFY, 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 f RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR i DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH I 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 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: i 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 insuranec 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 ! t 5 CONSENT AGREEMENTforTemporerytueofpublic 077VJ,�l1�IS1]It �! t i k I 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 [ i under this contract without prior written approval of City, and any attempted assignment without such prior written approval shatI be void. i 17. I � 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,ventre for said action shall be in Tarrant County,Texas. 1 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. v/ EXECUTED this / day of _f�_ _-- ,20(6 [ GRANTOR: t\ t2 AiSS '��9-z CITY OF FORT WORTH _ e44of AV.Builc ng Official I C%roW st, Title , A"k 9y i CONSENT AGREEMENTfor Temporary use off ibric qJ r{yt�. q9 i f (t (E 1' APPROV O AND LEGALITY: 74i - --4/ /A) Assistant City Attorney Date t MAU' CitySecretary Date NO M&C I r i i a� dN, � vFI RIC, 1 p If 7 CONSENT AGREEMENTior Temporary use of public properiyi.doc i � I it it { it I 3 STATE OF TEXAS I COUNTY OF TARRANT E ` BEFORE ME, the undersigned authority, a Notary Public in and For the Stateof Texas, on this day personally appeared–S — ,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 thepurposes and consideration therein expressed, as the act and deed of l r, ALVA OAEJ! /,�Z_.- , 4 and in the capacity therein stated. I�I I. GIVEN UNDER W HANDAND SEAL OF OFFICE this 7-7- day Of f I Affi nt Title E Notary Public in and for The State of Texas ' R, G. NAREZ N€atoN public,State of Texas fssion Expires I $@Pfofnbef 10, 2009 E I g { i I � ! r I S I (15 II �� ` " al 1, YEK. Ii E i �t L STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority,a Notary P blic in a d For tl a Stat of Texas, on this day personally appeared ,known to me to be the person whose name is s cribed to the foregoing instrument, and acknowledged tome that he/sh executed the same for the purposes and consideration therein ` expressed, as the act and deed of -,C� /z rhas�►-Y•z�-• ^ and in the capacity therein stater! VEN UND R MY HAND A D SEAL OF OFFICE this � ay Of 20 I f Affi &'�4it4t,, &A-rJ Title Noa y Public in nd for Th State of Texas I 4�4 I H I I S ROPSHIRE * MY COMMISSION EXPIRES JANUgRY 29,2007 I t i f I E E q I OFFICIAL HCOOD CCU &E(VILTAU101-Y f Contractors Name: I;IWC �c(lX1,7 Point of Contact: DL+EN4z4eiraTsaw Phone Number: 97 t»S7/— O 7 Building Permit Number: g p — 1027 Purpose for Closure: Durhyslt.- use (tea [ -N Begin Date: Atli ,.)A=(0 End Date: Type of Taper according to posted speed limit: �/ ✓ Tapers@ 30 MPH 1Oft Offset 3Oft minimum —8^ Tapers @ 35 MPH 1 Oft Offset 35ft mini nim -- 14 Tapers @ 40 MPH 10t Offset 40ft minimum N®` ftrrowo L f} 7 5�FK QUIF-ED Q � s UrLi PCT-e-- +0 n� ba ZO Cavrf-ad f-Dt- � Ioanr` CITY �rerc u ri,d d k" clxe Fy, _ ,.... _.. _.._, � MORE THAN 3 DAYS (.� I STREET FEE- — T�0 SQFT..X �� X. � �rS TOTAL _ � f I I 1 APP ICFRIATE T CALL FOR AND REC IVPECTION AFTER ALL APP OARRIERS OR OBSTRUCTIONSARE N f Producer Coverages Beecher Carlson Insurance Services,Inc. This is to certify that the policies of insurance listed below have been Issued to the Insured named to the left and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate 2002 Summit Blvd.,Suite 900 may be Issued or may pertain,the Insurance afforded by the policies described herein Is subject to all the terms,exclusions and Atlanta,GA 30319 conditions of such policies. Insured DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Marriott International,Inc.and Subsidiaries Renaissance Worthington Hotel 10400 Fernwood Road 200 Main Street Bethesda,MD 20817 Fort Worth,Texas 76102 Attn: Dept.52/924.36(Insurance) Div/unit#: Project Construction through 9/15/06 99 xxx Issue Date: August 18 2006 Insurance Effective Expiration Type of Insurance Company Policy Number Date Date Limits Commercial General Liabili [H]Occurrence Form American Home GL 574-96-51 10-1-05 10-1-06 $5,000,000 Location Aggregate OPremises-Operations Assurance Co. $3,000,000 Products/Comp.Ops Agg. OProducts Completed Ops. $2,500,000 Each Occurrence OContractual Liability $ 500,000 Retention OIndependent Contractors OPersonal Injury OBroad Form Prop.Damage OLiquor Liability Automobile Liability OComprehensive Form American Home TX:CA 301-77-63 10-1-05 10-1-06 $2,000,000 Combined Single Limit OHired Assurance Co. Downed ONon-Owned Excess Liability [Z]Umbrella Form National Union Fire BE 4484920 10-1-05 10-1-06 $8,000,000 Each Occurrence Insurance Company $8,000,000 Location Aggregate of Pittsburgh,PA $100,000,000 Policy Aggregate Employer's Excess Indemni Insurance Texas (A)Employee Benefit American Home GL 574-96-55 10-1-05 10-1-06 (A)Per Plan Benefit Assurance Co. (B)$2,000,000 Each Accident (B)Employers Liability Special Conditions Additional Insured: City of Fort Worth,Texas The commercial general liability insurance policy is endorsed to waive the care,custody and control exclusion and includes valet parking. Certificate Holder Cancellation Should any of the above described policies be cancelled or materially changed before the expiration date thereof,the issuing company will mail 0 days written notice to the Certificate Holder named to left. City of Fort Worth, Texas Street Management Section 311 West 10th Street • Fort Worth,Texas 76102 Authorized Representative SEE REVERSE SIDE FOR DESIGNATION OF ADDITIONAL INSURED. DESIGNATION OF ADDITIONAL INSUREDS !It is agreed that, with respect to the insurance afforded by any policy listed on the reverse side of this certificate, the provisions of the policy designating who is insured thereunder have been amended to include any person or organization, the "Additional Insured", for whom the Named Insured agrees in writing to procure liability insurance, provided: a) The coverage and limits of liability afforded to such "Additional Insured" apply only to the extent required by the agreement, but in no event for coverage not afforded by the policy, not for limits of liability greater than the insurer's liability stated in the policy declarations; b) The inclusion of more than one insured shall not increase the limits of the insurer's liability; and c) The designation herunder of the "Additional Insured" as an insured shall be null and void during the term of any separate liability insurance policy not listed herein and procured by the Named Insured for such "Additional Insured". a r BASIC INSURANCE REQUIREMENTS FOR STREET USE PERMITS The following items represent basic insurance requirements. Exceptions to the insurance requirements may be permitted, depending on the risk exposure in regards to respective services, products procured, or contractual terms, to name a few. 1. Commercial General Liability (CGL) Insurance Policy $1,000,000 Each occurrence $2,000,000 Aggregate limit k 2. Automobile Liability Insurance Policy $1,000,000 Each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto" 3. Policy Endorsements as follows: ➢ The City of Fort Worth, its Officers and Employees named as an Additional Insured Address: Street Management Section 311 W. 10" Street Fort Worth, Texas 76102 ➢ Forty-five (45) days notice of cancellation or non-renewal. It would be advantages to the City to require the following clause: "This insurance shall not be cancelled, limited in scope or coverage, cancelled or non-renewed, until after forty-five (45) days prior written notice has been given to the City of Fort Worth". i i ➢ Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 4. The insurers for all policies must be licensed/approved to do business in the State of Texas and have minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the Risk Manager. 5. The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved. i FS 3 E I I Revised 03104/02 i