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HomeMy WebLinkAboutContract 52188 CITY SECRETARY CONTRACT NO. CONSENT AGi?ELMENT FOR TF�i/fPORARY USE OF PUBLIC PROPERTY STATE;OF TEXAS C01XFY OF"TARRAN'f THIS ACrRFEivIFL'T 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 BuI Min g Official, hereinafter referred to as the"City"and The Hanover Company Acting by and through its duly autlloriZed agent, Mark Wood V.P. Hereinafter referred tons"Grantee". Wi'1 N ESSKM: r For and in consideration of the payment by Grantee of charges set nut helow and the true and Pait}tfl.rl performance of the mutual covenants herein contained, City hereby grants to Grantee permission to lernporarily encronGh upon, uses and occupy portion of tho Sparc under, on and/or above the sweets,alleys,sidewalks or other public rights-of-way as follows: Clearfork Main, Fort Worth Tx lane closure for construction of Hanover Clearfork, a 397 multi-family residential community development. 'i'lie 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. AN we and occupancy of public strect, alloys, sidewalks or othel•public rights-of-sway under this agreement shall he in srricc compliance with the Charter, Ordinances and Codes of the City and in accordance with the directions oF the Building OFficiai and the Director of"transportation and Public Works of City. RECEIVEDcnusv,Nr V!Pr ,;;,F.,Mr T_M." , APR 16 2019 OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY CITY SECRETARY FT. WORTH, TX 3, Upon expiration of this agreement and the privileges granted hereunder, there shall he im encroachment by Grantee in,under,on or ahove the surface of the public rights-of-way involved. 4. Grantee agrees to pay in advance an encroachment fee Pot the temporaty privilege of encroaching upon a portion of the public rights-of-way as described in F..xhibit`B" Said fee is calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth for tQrnporary use or occupancy of publ[c property. The estimated total amount of said fee is: 275'x I - 3,025 sf 3,025 sf x .03 x 365 days= $33,123.75 Total = $33,123.75 Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing m fut_rt traffic control dev[ses or nthar improvements affected by such Oil croacfunent, use and occupancy, including the securing of approval and consent from the appropriate age!7cies of tic State and its political subdivisiOtis, In the event that ally 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 macle more costly by virtue of the, existence of.such encrnachment and use, Grantee shall pay to City and additional au:;ourlt equal to such additional cost as determined by City. �3. The term of this agreement shall be for 365 clays, from 04/05/2019to 04/05/2020 Provided, 11O\,VeVer, should the need fnr 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 of icia[of the City of Fort Worth, :his agreenent shall terminate. 7. It is expressly understood and agreed that this Consent Agreement is for a temporary encroachment in, nuclear, ._wet and upon the public property as located and described in Fxhibo: `. �ani sett r aca e=�,;e�r•;�rF„tro�a.y:�.,cr r;c<.+c;:a,Fu,y i.�.:� "R", This agreement shall not be construed m the granting of a permanent easement, encroachment or license upon Cit.y's public streets,alleys,sidewalks, or other riots-of-way. Fl, City, through its duly authorized representatives, shall have the full and unrestricted rii;ht to enter upon all public rights-of-way for the purpose of making inspections to determine cornplianee with the terms, covenants and conditions herein. to 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 tint be corrected by Urantee within twenty-Pour (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 agrcernent. Upon expiration nr termination of this agreeniettt Cot-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 Greeter 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 (I)year after the termination of this Consent Agrecment, 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-svay, as determined by the Director of Transportation and Public Ni/orks or his designee. Grantee agrees to begin Stich repairs wittr[n thirty (30) days ot'receipt of notice froth the Director of Transportation and Public W(V rks or his designee. All repairs shall be performed in an expeditious and worktrtanli,<c manner and shall comply with all applicable laws, codes, ordinances and City specifications. [n the event that Grantee fails to comply with the covenants herein contained with respect,to auuh removal of restoration, the City ;hall have fhe right to remove or dispose of any barricades, equipment, supplies, materials or other.property and repair any conditions which in the opitnion of the City are necessary to bring the public rights-of-way to the condition prescribed herein, mid City shall not be responsible for trespass or any other damage or liability in cnnriection with such removal or restoratiot. Grantce shall reimbw-sc City for the cost and expense of such removal anti/or repairs immAiabt ly following billing for same by City 3 13`FSF_r7r;K;RFE�:�Lpl?(ar Tpmcar;r��se'i ai p".Tic ,,pertvi dn,^ Nothing hcrcin shalt he construed as it waiver by City to enforce penal sanctions prescribed by the Code of the City of Fnrt Worth and the laws oFthe titate of Texas For Grantee's continmerl encroachment upon the public rights-or 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 puhlic rights-of-way, including the portions of such Streets used and encroacher) 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 ocrtcfit of the public. It is accordingly agreed that if the governing body of' City, to wit, its City Council, shalt at any time during the term hereof determine in its sole disoretiort to use or cause or permit to be used for any public purpose the said encroached portion of the streets, then this agreement shall he automatically canceled and terminated. llo Grantee agrees to comply Fully with irll applienhle Federal, state and local laws, tatutcs, ordinances, codes or regulations in connection with the construction, operation and maintenance OFS£tld encroachments find uses. i 12, i Grantee igrms to pay promptly when due all fees, taxes or rentals provided for by this <rgreerr;ei:t or by any federal,state or local statue, law or regulation- 13, Grantee covenants and agrees thrar it shall exercise all rights and privileges granted herorutder n.s art 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 or its officers, agents,servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not apply as betwecn City and Grantee, its officers, agents, servants, employees, contractors and subcontractors,and nothinl-herein shall be construed As creating a partnership or joint enterprise bettivicen City-and Grantee. 4 COPiSE,Yr'CPF T,mL— / ¢nor Iutr:r. 1 d,, i=d. GRANTEE COVENANTS A"i AGREFS TO ItNDEtNTNIFY, AND DOES HERE,BY INDENUFY, HOLD HARMLESS AtMD DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND U- PLOYEFS, FRONT AND AGAINST ANY AND ALL CLAIiWS OR SUITS FOR PROPERTY DAMAGE. OR LOSS AND/OR PERSONAL INJURY, CNCLUDING DEATH, TO ANY AND AI,I, PERSONS, OF WHATSOEVER KIND OR CTIARACTER, WHETHER REAL, OR ASSERTED, ARISING OUT OF OR EN CONNECTION WITH, DIRECTLY OR INISIRECTLY, THE MAINTE,NANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AI+ID USES GRANTED 1-1EMEUNDER, WHETHER OR NOT CAUSE, IN WI TOLE OR PART, BY ALLEGED N11',(;1JGENCE' OIr OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTR-ACTORS, SUBCONTRACTORS, LICENSEES OIL Ifs VITFF.S OF CITY; AND GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSII3I7:,ITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUC3I CLAIMS OR !QUITS. GRANTEE SHALL LII'IsV+/NE ASSUME ALL, LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR AINY AND ALL INJURY OR DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL, ACTS OIL OMISSIONS; OF GRANTEE, ITS OFFICERS, AtlENTS, SERVANTS, ENIPLOYEES, CONTRACTORS, SUBCONTRACTORS, TACESNCES, INVITEES OR TILES;PAS;SECES. I Grantee agrees to furnish City, with a Certificate of Insr.rat;ce, naming City as certificate holder, as proof that it has seau-ed and paict I'or a policy of public liability insurance covering all public risks related tb the proposed use and occupancy of public property as located and described in Exhibit"I3". `I"he amounts of such insurance shall be not less that the following: property cla rmp, per :S100,000,00 Bodily injury, per person S250,000.00 Bodily irtlury or dearth, per occurrence S500,000.00 With the undersranding of and att?reement by Grantee than such insurance amounts shall be revised ttpwrtrd at City's option aild diar Grantee shall so revise such amount immediately following notice to Grrintee of such requiretnem, Such insurance policy shall provide that it cannot be canceled or am'-mcled "without at least thirty(30)days' Dr,or written notice to the Building Official A- of the City of Fort Worth, A copy of such Ce-tificate of Insurance is artached as Exhibit "A". Grantee agrees to submit a similar Certificate of Insurance annually to City on the tmriver.snry date of the execution of this agreement. (rrantee, agrees, binds and obligates itself, it successors and assigns, to maintain and keep in frn•ce 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. Ah insurance coversi;c required herein shall inchuie I;overnge of all Grantee's contractors 1 ir. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties uncle-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 assigns. A Should any action, whether- real or asserted, at law or in equity, arise out of the terms and conditions of Phis agreerr:er,t or out of the: use and occupancy of City property as permitted hereunder, venue fur said action shal(he in Tarrant County,Texas. In any action brought by City for th-enforcement of the obligations .,)f(irantee,City sllall.he entitled to recover interest roil rcasonahlc attorneys' Fees. � }''(iYECF7TfiD this � day of G[2ANTDR: GRANfEF.; C[TY OF FORT WORTH &The Hanover Co pany .......... Building Official V.P. [Itle O C�S='i r AC,4Er!AF V Tfc,1:11,1r-1,u-04,.b:ie,,^rcGe,iy;ecc A P OVED TO FO . AND LF,GALI'T'Y: Assistant City Atton Date cty Seeretai ate 70`SEt•I�..GREf H1EM�f2r 7em�cr. u;eM rubric p�coarryi cce OFFICIAL RECORD CITY SECRETARY FT. WORTH$T% YTII TE OF Tf XAS COUNTY OF TARRANT 13EFOREjlll, the undersigned authority, a iVolmy.Publie in and Foj•the.State of Texas, on this dig per-sonally al)perared Mark Wood known to me to be thelmrson whose naw is subscribed to the foregoing in3tra tneni, and acknowledr ed to me that he%she executed the salve fbr the ru and nd consideration lhereln expressed, ras the act and deed of TQ Hanover Company and in the capacity then-eira stated. (;II 3sr! UNDER MY 1141YD ANDSEAL OF OTTICE th is [_� day f '�1 Af�cerrt V.P. TitIL> Ad64' CDT Mvary I'rrbi`ic in and foY The.Staie of.rexas v lya�%;; TRACI COOK ,_•' �- Notary Public,State of Texas N; r Comm.Expires 04-27-2021 Notary ID 13110394-6 OFFICIAL RECORD CITY SECRETARY F7: 1AlCiRTH, TIC STATE OF TEVAS CO[Tj�tiTY OF TARRA NT BEFORE ME,the undersigned authority, a lVotary Puhlic in and .For the State of Texas, on this defy personally(appeared i 6 ' ,known to me to be the person whose name is strhscribeMto the foregoing instrument, and acknowledged to ine that helshe executed the same for the pur a(rses and c side ration therein expresser!, as the aet and deed of emy; 0 { , find in the capacity therein stated. rIVF_IV TINDER MY HAND ND SEAL OF OFFICE this _11 (lily Of a X — - - - - - - - - - - - - _►a °�e; MEGHAN M DFALCONNotary ID#1My CommissiNovember 1 Afft ant Sui7dir)g Dt l Title iiro ark Public in and fo The fate of Tetras 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Contractors Name: The Hanover Company Point of Contact: Jacobe Chandler y� Phone],lumber: 214-411-9529 Building Permit],lumber: purpose for Closure: Building a rest entii-al community Begin Date 04%05,2019 End Date 04'05'2020 Type of Taper according,to posted speed',L—dt: 'Papers @ 30 MPH,IOft Offset, ho'rninimiun Tapers @ 35 MPH,I.Oft Offset,a05'utinirnum - Tapers @ 40 MPH,1 Oft Offset,P_5j'nuninwm Cz C, Ozona Ave. 1 VW x 275' L lane 275' x I I'= 3,025 SF 3,025 SF x .03(Day) x 365 Days _ $33,123.75 x _U U Gage Ave. 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. i� � Na e of Employee/Signa re Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature DATE(MM/DD/YY)rY) A16.�CC) CERTIFICATE OF LIABILITY INSURANCE 4/10/2019 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 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 Marsh Wortham, NAMEACT Marsh Wortham,a division of Marsh USA,Inc a division of Marsh USA, Inc PHONE E 713-526-3366 FAX No): 713-521-1951 E-MA PO BOX 1388 IL Houston, TX 77251-1388 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.worthaminsurance.com INSURERA: HCC Specialty Insurance Company 11243 INSURED INSURER B: Hanover R.S. Limited Partnership Hanover R.S. Construction LLC INSURERC: Hanfork Holdings LLC INSURER D: 5847 San Feline, Suite 3600 INSURERE: Houston TX 17057 INSURER F COVERAGES CERTIFICATE NUMBER: 48084815 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 ADDLTYPE OF INSURANCE INSD SUER POLICY NUMBER MMIDDPOLICY LTR /YYYY MM/DDIYYYY LIMITS A / COMMERCIAL GENERAL LIABILITY S18PC3001005 12/10/2018 12/10/2019 EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED CLAIMS-MADE ,/ OCCUR PREMISES Ea occurrence $50,000 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 ✓�PE� �✓ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED _ PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STAT Y/N UTE ER ANYPROFFICE /MEMB REXC EXCLUDED? N/A ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:17-533,Clearfork,4900 Gage Ave,Fort Worth,TX 76107 CERTIFICATE HOLDER CANCELLATION Clt of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10 0 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE /00 /r Marsh Wortham,a division of Marsh USA,Inc. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 48084815 110HANOVCOMI i A. 18/19 GL AU XS WC Mary Oliver 1 4/10/2019 3:01:41 PM (CDT) i Page 1 of 1