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HomeMy WebLinkAboutContract 51767 3 4 SPIM PIM � CITY SECRETARY RECEIVED o RECEIVEV CONTRACT NO. JAN 14 2019 JpH 112019 �; CITY OF FORT WORTHWORD .� CIN SECRETARY �� gEC1T� Cb ti CO S CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY 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 Austin Commercial 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: 101 West 5th Street, Fort Worth, Texas 76012. All sidewalks, Southemmost rnatered lane on 5th Street between 5th Houston and Main, Outside Sou ound lapA-eta-Main tethe SO-1-1th of 5th R-treat and Taper to the No rth o-f 5th S-tre" - The location and description of said encroachment is more particularly described in Exhibit'%" 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 and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City. l 1 CONSENT AGREEMEWforTemporary "FMCMdRECORD CITY SECRETARY FT. WORTH,TX 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 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: Houston Street sidewalk 1/4/19 to 5/31/20=891 SF x$0.015/day x 514 days= $6,869.61 Main Street sidewalk 1/4/19 to 5/31/20=857 SF x$0.015/day x 514 days= $6,607.47 5th Street sidewalk 1/4/19 to 5/31/20=2,392 SF x$0.015/day x 514 days= $18,442.32 Main Street lane 1/4/19 to 5/31/20=700 SF x$0.03/day x 514 days= $10,794.00 Main Street 65'taper,North of 5th 1/4/19 to 5/31/20=390 SF x$0.03/day x 514 days= $6,013.80 5. Grand Total: $48,727.20 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. 6. The term of this agreement shall be for 514 days,from1/4/2019 to 5/31/202Q, 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. r 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 2 CONSFNT AGREEMENTIor Temporary use of pubic properryl.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) 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 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, ordinances and City specifications. i 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 CONSENT AGREEMENTkx Temporary use of ptMe propertyl.doe 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 shall 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 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 AGREEMENTIor Temporary Lae of pubRe propoW.doc 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, 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: 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 insurancc 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 AGREBAENTror Temporary uae of pu61k properlyl.Aor 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. 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. 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. rd V11 EXECUTED this day of I j -M65. Austin Commercial,LP GRANTOR: GRANTEE: by Austin Commercial,Inc.,its CITY OF FORT WORTH general partner s Building Official Title Bradley P.Brown,President s OFFICIAL RECORD CONSENT RGREEMENTfor Tempai rY ue cftAR U FT. WORTH,TX I i AP O D TO FORM D LEGALITY: AssistantityAttorne :sem .. Date ............. � R 7 � t ity ecretary 0. ` to a t { I 1 f I I 3 I 1 I j i t 1 OFFICIAL RECORD f CITY SECRETARY 7 CONSENT AGREE MENTfarTempore FT 1N®RTH® "X STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned author4,a Notary ublic in an For the State of Teams,on this day personally appeared ,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 p and consideration therein expressed,as the act and deed of 1, 1osesril and in the capacity therein stated. r fVEIYTINDERMYHANDANDSEALOFOFFICE th& 3 day Of 0.11 2041. bw SHONTE JONES Affiant NotaryID#131720011 'F&t lot,;, D�f C4 ! ^� My Commission Expires {y7 I 'f Or+E` September 12, 2022 '.q0't4 Pu in and for Th tate f Texas 8 OFFICIAL RECORM CITY SECRETARY FT. WORTH,TX j STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned authority,a Notary Public in and For the State of Texas, on this day personally appeared Bradley P.Brown President ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the samefor the purposes and consideration therein expressed,as the act and deed of Austin Commercial,LP by Austin Commercial,Inc., and in the capacity therein stated its general partner GIVEN q"ER MYHAND AND SEAL OF OFFICE this day Affiant 1301ley P. r n President PgET H�M�, Notary ublic in and for "# �2-9S'-S 0 The State of Texas Nq "JAR),E� p Ya"•,F+OF TET .� 8.2021 9 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Contractors Name: Point of Contact: Phone Number: Building Permit Number: Purpose for Closure: Begin Date: _ End Date: Type of Taper accordiimg to posted speed limit: Tapers @ 30 MPH,l Oft Offset,150'minimum Tapers @ 35 WIl,10f4 Offset 9.o5'minimllm Xrjt cwk Tapers_@ 40 MPH,10ft Offset,a 65`minimum Norte ftrrow -70 r 12, to 0,0;v, a ✓u- l� 0 ATE AC40 CERTIFICATE OF LIABILITY INSURANCE D09/25/20 Y) 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(les)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 MTEEA�CT q� CONTRACTOR'S GENERAL AGENCY,INC FF No EM: FAIL No: 3535 TRAVIS STREET-SUITE 300 %Mss, DALLAS,TEXAS 75204-1466 INSURER(S)AFFORDING COVERAGE NAIC# (214)559-4887 (800)964-4242 INSURER A: BRITISH AMERICAN INSURANCE COMPANY 32875 INSURED INSURER B: AUSTIN COMMERCIAL,INC. INSURER C: AUSTIN COMMERCIAL,LP INSURER D: 3535 TRAVIS STREET,SUITE 300 DALLAS,TEXAS 75204 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 565 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, NgERXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BYI1PAID �CLAIMS. ILTR TYPE OF INSURANCE I R POLICY NUMBER Map EF IPOW YYY LINTS A GENERAL LIABILITY CGL 0104219 10/01/18 10/01/19 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 104,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERALAGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICYFXj& X LOC t AUTOMOBILE LIABILITY Ea COME1accident)INGLE Ulan— t ANY AUTO BODILY INJURY(Per person) $ A OWTIED SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS All CIM r acckienl $ f UMBRELLA LIAB HOCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONSTATU AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECU"I N 1 A E.L.EACH ACCIDENT $ Mandatory in NH)EXCLUDED? E.L DISEASE-EA EMPLOYE $ Ir yyes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,N more space Is required) RE: AUSTIN COMMERCIAL-CITY OF FORT WORTH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 THROCKMORTON STREET ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH,TEXAS 76102 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 23 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 Title ` This form is N/A as No City Funds are as iated with this Contract Printed Name Signatur 1 LOFFICIALRECOR]DTAH,T