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HomeMy WebLinkAboutContract 52341 I CITY SECRETARY CONTRACT NO. RECEIVED I MAY 232019 CC(Y OE FORTWOATK cmi` ECR50 CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY } STATE OF TEXAS s COUNTY OF TARRANT 4 I THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a i municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized 1 4 Building Official,hereinafter referred to as the"City"and Muekleroy & Falls i Acting by and through its duly authorized agent, Ben Austin I Hereinafter referred to as"Grantee". i i 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 I above the streets, alleys, sidewalks or other public rights-of-way as follows: 1165 8Th Ave Fort Worth TX for a street lane closure for construction of 8th Ave Commercial Building 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. i 2. All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under i this agreement shall be in strict compliance with the Charter, Ordinances and Codes of the City 1. E and in accordance with the directions of the Building Official and the Director of Transportation j E and Public Works of City. } f OFFICIAL RECORD CITY SECRETARY t ET. WORTH TX CONSENT AGREEMENTiorTemporary iL of Oubic � t i i I i l E 3. Upon expiration of this agreement and the privileges granted hereunder, there shall be no 'i encroachment by Grantee in,under,on or above the surface of the public rights-of-way involved. i E E 4. i I i 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: i E 358' x20' = 7160SF 7,160 SF x $0_03/cal-day x 14 days =$_3,007.20__ Total = $3,007.20 I i s. 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 E appropriate agencies of the State and its political subdivisions. In the event that any installation, f 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 I 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. f 1 6. { The term of this agreement shall be for 14 days, from 5/13/2019 to 5/27/201 9 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 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 i 2 CCNSENT AGREEMENT+or Temporary use of public propertyl.doc l I { i 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. i 1 8. City, through its duly authorized representatives, shall have the full and unrestricted right to i 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 E 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. I i 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 f 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 ail applicable laws, codes, 1 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 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 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. i 3 CONSENT AGREEMENTfor Temporary rise of pubic propadyl.doc I i I f 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 S 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 a City, to wit, its City Council, shall at any time during the term hereof determine in its sole E 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, i i k 11. I 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 ; i of said encroachments and uses. C 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 j i as an independent contractor, and not as an officer, agent, servant or employee of City; that E 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. i 4 CONSENT AGREEMENTfor Temporary use of pudic propertyl.doc f i F 5�.. r 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, j 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, r OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND I I USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WHOLE OR PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, I 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 i RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR i 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. i i i l5. t x Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate i 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 i described in Exhibit"B". The amounts of such insurance shall be not less that the following: j Property damage, per occurrence $100,000.00 k 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 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 that it cannot be canceled or amended without at least thirty(30) days' prior written notice to the Building Official i' 5 CONSENT AGREEME NTfor Temporar/use of public propeft/1 dnc, i t s of the City of Fort Worth. A co of such Certificate of Insurance is attached as Exhibit "A". h' PY i 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 1 f removal of all encroachments and the cleaning and restoration of the city streets. All insurance i 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 shall be void. 17. This agreement shall be binding upon the parties hereto,their successors and assigns. I 18. f 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 j 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 I entitled to recover interest and reasonable attorneys' fees. f { EXECUTED this 6 day of May 2019 GRANTOR: GRANTEE: i CITY OF FORT WORTH Muckleroy & Falls sign Ben Austin here } Building Official t Vice President - Operations Title OFFICIAL RECORD 6 CITY SECRETARY CONSENT AGREEMENTfor Tamcre I usQ,q�pu T r� 11 P t 1 311000D AND LEGv ssist nt City Attorney ate C Secretary ate ji OFFICIAL RECOk& LITV Ss:rRE TARY F'K WORTH,TX 7 CONSENT AGREEMENTfor Temporary use of public propertyl.doc f t F STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notar Public in and For the State of Texas on this day personally appeared %en Austin Vice President - Uperations ,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 urposes and consideration therein expressed, as the act and deed of Illuckleroy & Falls , and in the capacity therein stated f GIVEN UNDER MY NAND AND.SEAL OF OFFICE this 9th day Of M ay 2019 i sign ~ here I Affiant I Vice President - Operations Title i �r, f — Notorize i BETH AIKIN here Notary Public, state of Texas ;. Comm. Expires 05 28-2022 Notary Public in and for The State o Texas Notary ID 3494766 f i i i s i s i i OFFICIAL RECORD CITY SECRETARY FT. wORTH,TX i i r i e STATE OF TEXAS f COUNTY OF TARRANT j. BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared ,known to me to be the person whose name is ubscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the pur ores and nsideration therein ` expressed, as the act and deed of , and in the capacity therein stated. GIVEN UNDER MY HAND ND SEAL OF OFFICE this clay 4 Of Mu� 20 . I MEGHAN M FALCON Notary ID#131797359 f s My Commission Expires i Far<E November 14, 2022 , i Affiant i at4 t 1017� O G Title I I IAIN'l i i I I N a Public in and r T14 fate of Texas f i i i 9 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX E Contractors Name: Mucklero & Falls Point of Contact:Amol AMO Phone Number: 682-667- Building Permit Number: PB17-14232 Purpose for Closure: Instal attOn o s ruc ura i Begin Date: 5/13/19 __End Date: 5/27/1 Type of Taper according to posted speed limit: 0 Tapers Q 30 MPH,IOft Offset,150'mirtirrnim Tapers @ 40 MPH,1 Oft Offset,a s' um P � minimum Not flrrow Q co W Rosedale St ; 358' x20' = 7,160SF 7,160 SF x $0.03/cal-day x 14 days 8th Ave Building _ $3,007.20 ;Q Total = $U07.20 20' W Magnolia Ave Q co 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 Employe ignature LS)w 4rf.�Q NLQ.Q.� Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD CITY SECRETARY FT WORTH,TX HM&MFLT-01 MENDORf ACORO' CERTIFICATE OF LIABILITY INSURANCE OATS 08/28J201828/2018 O 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 pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. B 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 endorsements. PRODucER License#4882 CT Fort Worth,TX-Hub international insurance Services ac°Nr o : 817 820.8100 FAX, No: 817 870-0310 421 West Third Street,Suite 800 Fort Worth,TX 76102 E ftw.service@hubinternational.com INSURERS AFFORDING COVERAGE NAIC C INSURER :Valigy Forge Insurance Company 20508 INSURED INSURER s:As en American Insurance Company 43460 HM&MF Ltd.dba Muckleroy&Falls INSURER C: 5801 Edwards Ranch Road,Suite 100 INSURER D: Fort Worth,TX 76109 INSURER INSURER F: COVERAGES C R IFiCA E UMBER: 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 LIMTYPE OF INSURANCE ADDL SUER POLICY NUMBt R famm POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3 1,000,000 CLMMS.MADE FX OCCUR 6050184962 08/28/2018 08/28/2019 DAMA TO RENTED S 100,000 MEDEXP one rson 15,000 PERSONAL&AOVINJURY 1,000,000 GEM AGGRE TELIMITAPPLMSPER: AGGREGATE 2,000,000 POLICY LX YIR& LOC P PIOP AGG S 2,000,000 OTHER: POLLUTION S 110001000 COM A AUTOMOBILE LIABILITY SINGLE LIMIT S 19000/000 X ANYAU TO NLY 6050184959 08/28/2018 08/20/2019 BODILY INjugy 1pef person, S SCHEDULED VT ULEDAy�gTNLY ON BODILY INJURY a awIdeall AUO �AON aSNLY AN l AGE O B X UMBRELLA LIAs X OCCUR EACH OCCURRENCE 1090001000 4EXCESS LUU3 CLAIMS-WE CX006LO18 08/28/2018 08/28/2019 AGGREGATE 0ED I X I RETENTIONS 0 Aggregate 10,000,000 A wo pERB COMPENexam X PER OTH- AND EMPLOYERS'LJABILITY ANY PROWPMREIEr9OEWPARTNEWEXECUTIVE IF YIN 6050184976 06/28/2018 00128/2019 E.L.EAc E 1,000,000 Wandaiory In NH)EXCLUDED? N f A E.L.DISEASE-FA EMPLOYEE S 11000,000 If es,describe under 11000,000 DECRIPTLON OF.OPetATIONS below R.L DI EASE-POLICY LIMIT A Equipment Floater 6049918867 08/28/2018 08/28/2019 Rented/Leased Equipm 151,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Addltlonal Remarks Schedule,maybe attaehed If moro apace I•requlro The General Liability and Automobile Liability policies Include a blanket additional Insured endorsement 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 subject to policy terms and conditions.The General Liability,Automobile Liability and Workers Compensation policies Include a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the named Insured and the certificate holder that requires it subject to policy terms and conditions. The General Usbillty policy contains a special endorsement with"Primary and Noncontributory"wording when required by written contract subject to policy terns and conditions.The Umbrella Policy Follows Form.The policies include an endorsement providing that(30)day's notice of cancellation(or coverage change)and a(10)day's notice of cancellation for non-payment of Premium will be furnished to the certificate holder. SEE ATTACHED ACORD 101 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 200 Texas St ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) m 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD