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HomeMy WebLinkAboutContract 52449 po �p1°� CITY SECRETARY a �rL doe CONTRACT NO..� c� CONSENT AGREEMENT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT i 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 The Whiting-Turner Contracting Company Acting by and through its duly authorized agent, Charles Brent Schoolfield Hereinafter referred to as"Grantee". WITNESSETII: 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:_ i 333 Throckmorton St., Fort Worth, TX 76102 - Portion of the 200 Block of 1 West 2nd street AND Bus Lane on Throckmorton Street 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 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. OFFICIAL RECORD 1 CITY SECRETARY CONSENT AGREEMENTfor Temporary usa fpu 5e proper tyl.doc FT. WORTH,TX 1 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: TOTAL for 2nd St ($5,572.80) AND Throckmorton St ($8,712.00) _ $14,284.80 _ ____ �I 5. t 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 constricted 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 120 days,from_ 05/01/19 to 08/29/19 , 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. 1 i 7. i 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 C ONSFNr AGRE.EMENTfor Temporary use of public propertyi.doc f I' "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) 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. 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 i condition acceptable to the Director of Transportation and Public Works or his duly authorized 3 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 j 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. 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 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 CONSENT AGREEMENTfor Temporary use of public properbyl.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. j 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 i 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, j ordinances, codes or regulations in connection with the construction, operation and maintenance s of said encroachments arid uses. i f f 12. 1 1 k Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this i agreement or by any federal,state or local statue, law or regulation. t } F 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 f 1 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 i 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 AGREEME NTfor Temporary use of pudic properbyl.doc 14. GRANTEE COVENANTS AND AGREES TO INDE)VL IFY, 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 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 RESPONSIBILITYY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIA131LITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR 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, LICENNEES, INVITEES OR TRESPASSERS. i 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 AGREEM E NT(or Temporar/use of public propertyl.dnc of athn C-ity of Fort Worth. A copy or such Certifi-af-~ of Ivs^r-rlve is attac,ht d as Exhibit "A". Grant":y agrees t7 st lunn.it P: si;'nilar Certificate oF Insurance nnnuall,y to Cilc! on, tha annive'sat--,' date of tbi exectltion of this ngreenlent. avrrees, hu-j is and ob iGuat, s Itsel It successors and assigns, to rnain1 ain and keep in force st=w3. public; !i i s4', insu.-<.ar . at all times durh- tlte i'.enrn. of this agreement and t?n l the ren"irl•,—d os a"i e ci-ondwmeras and the cleaning zond restoration of.dBe- city streets. All Insurance lz cover,. w recl; irec+<herein sita=C ins;>n;G cove-age of all Gluntee's cn�.tatoYs. ld�< Grantee covenati:s and agrees that:it wi?N not assign all or any of its Fights, privilf�--„s or duties dcr is-is contract Li ill uilt prior'NrC t<'i% approval of City, and any attetnpl:=v, assignment witl}i1f3t suck: p1orwritten ap,�ro al shall he void. 17. t_s agreement s€<`=l€be t+:rY?`,��upon (lie pnrfin5 hereto,their sut-. es;orz< assign- 18. S",Ouid !`_fry ar ic"., Wltetl?a. real or asserted, at law or in equ.iiy, arise out of the terms and conditions or t:it's aj;r'eenlel}C: X olE: of the Use alld Occupi`.ncy of City property its permilt-9 Vera`:: t "3a#d action Shill' be in Tarrant Cd lk}t.t/,Texas. 19. In any action bro fight by City for the enforcement of the ob ipfltons of'grantee,City shall be entitled to recover inorest and reasonable attorneys' fees. Eh��.:_ITuD this �C:ay o _ pJ GRANTOR: GRANTEE- 0 F FORT WO1 TII tli cling OM qq A/pd y l 61 OFFICIAL RECORD AG F; rF�:�r,«n 1 ata 1*f% RETARY FT. WORTH,TX APP OV D TO FOR�%t �,FCTALTTY: f I Assi tant Clty Attorney ' Date / F FORT City e rotary ' �iFX.... i i I F f 1 4 i I t E S t t f 1 t 1 OFFICIAL RECORD CITY SECRETARY 7 FT. WORTH,TX CONSENT AGREEMENTfer Temporary us of public propertyt.doc i STATE OF TE CAS COUNTYOFT4RRANT BEFOREME, the ii3ttleisignetl aaithaority,a Notraa};Public iir and F car tla Stat 0-r Text i this day personally appeared A. ,known to the to be the person whose nn is sabscribed to the foregoing instrament, and acknowledged to ins that he/she e tecnted the same for the piarposes and consideration therein expressed, as the act and deed of , and in the capacity therein stated. IYEN UNDEdd XfY H/I ND AM)SEA L OF 0r,FICE, this day Of f 20._ KRISTEN LEE ROZENBURG t1 f aaa + Notary Public,State of Taxes Comm.Expires I I-!7 2022 Of Notary ID 131786895 7'itte z. otary Patblic in raid for The State of'Texas 5 T yyy-� gj�� E STATE 1 E OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notar Public in and For t to State of Texas, on this day personally appeared ��� niM D ?� ,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 pur,poses rind consideration therein expressed, as the act and deed of and in the capacity therein stated. GIVEN UNDER W HAND AND SEAL OF OFFICE this Vl'�dqy Of U 1�— , 20�. I I MEGHAN M FAD797359 = Notary ID#131 I 9 P My Commissionlant � November 14V 1C�2Pox Title i Not ery blic in and for Th Sf e of Texas 9 . 1,h a!,1! lgg l�. 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I a v M qtw� I Name of Employ ignature DAB 2ayiCj D Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OFFICIAL RECORD ` CITY SECRETARY z FT.'+WORTH,TX A� CERTIFICATE OF LIABILITY INSURANCE o9/0512018M'°°" ' THIS CERTIFICATE 1S 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(€es)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 tights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Courtney Mitchell NAME: Riggs,Counsehnan,Michaels&Downes PHONE Exth 240 4921704 1704 FAXo (410)339-7234 555 Fairmount Avenue E-MAIL _ A/C Baltimore,MD 21286 ADDRESS: citchell rctrrd.com (410)339-7263 INSURER 3 AFFORDING COVERAGE NAIL# INSURER A•Travelers Indemnity Company 25658 INSURED INSURER B:Starr Indemnity&Liability Company 38318 The Whiting-Turner Contracting Company - 300 B loppa Rd INSURER C:Travelers Pro city Casualty Company of America 25674 INSURER D: Baltimore,MD 21286 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1000166 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MPOVUDC°Y EXP LIMITS L A GENERALLIAHILITY VTC2KC05788B20ATIL18 8/1/2018 8/1/2019 EACH OCCURRENCE $ 2,0001000 X COMMERCIAL GENERAL LIABILITY DR�G£T EReENTEA oogti ,Ce $ 1,000,000 CLAIMS-MADE. OCCUR MED EXP(Any one person $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN1.AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPA]P AGG $ 4,000,000 POLICY X PRO—X LOC Total Aggregate Limit $ 25,000,000 C AUTOMOBILE LIABILITY VTC2JCAP5788B223TIL INED 18 9/1/2018 8/1/2019 COMBSINGLELIMIT 2,000,000 X ANY AUTO BODILY INJURY(Per person) 6 ALL OWNED SCHEDULED BODILY INJURY(Paraeddent) $ AUTOS AUTOS NON-OWNED PROPERT1Y DAMAGE $ (Par accidt HIRED AUTOS AUTOS en B UMBRELLA LIAB X OCCUR 1000024126 8/1/2018 8/1/2019 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED I X I RETENTION$None $ A WORKER$COMPENSATION 8/1/2018 8/1/2019 X WTOCRY oTH AND EMPLOYERS'LIABILITY YIN VTC2KUB6B64125918(,II other) ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ NIA VTRKUB3EI72695418(MA WI) (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space Is required) Job#16418:Sundance West,333 Thrvc)mtorton St.,Fort Worth,TX 76102 CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1000 Throclonorton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE Client# 16408 Mst# 18 Whiting]0 Subject ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD