Loading...
HomeMy WebLinkAboutContract 53298 ,'ITY SECRETARY ,..r_t w.CT N0. I 4 11�01811 CONSENT AGREEINMNT r ' FOR f TEMPORARY USE OF PUBLIC PROPERTY i STATE OF TEXAS r COUNTY OF TARRANT r s 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 1 i Building Official,hereinafter referred to as the"City"and American Airlines, Inc. �. I Acting by and through its duly authorized agent, Tim Skipworth i Hereinafter referred to as"Grantee". f ' i • i s WITNESSETH: f For and in consideration of the payment by Grantee of charges set out below and the true and i i Faithful performance of the mutual covenants herein contained, City hereby grants to Grantee - i 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: construct a new roadway bridge with pedestrian underpass on FAA Blvd to serve the American Airlines Campus located at 4601 Highway 360, Fort Worth, Texas, 76155. The location and description of said encroachment is more particularly described in Exhibit"B" j attached hereto, incorporated herehi 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 I and in accordance with the directions of the Building Official and the Director of Transportation j and Public Works of City. I r CONSENT AGREEMENTror7emparar}use afpubllepropedyi dec j i 1 r i r t r 1 3. j Upon expiration of this agreement and the privileges granted hereunder, there shall be no i i encroachment by Grantee in,under,on or above the surface of the public rights-of-way involved. ; i r ; I 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: 500' x 40' = 20,000 sf 20,000 sf x $0_03/day x 189 days = $113,400.00 Total = $113,400.00 l I i 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 i owned or constructed by or on behalf of the public or at public expense is made more costly by I j 1 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. 1 6. s The term of this agreement shall be for lays from 08/24/2019 to 02/28/2020 , Provided, however, should the need for the encroachments granted hereunder at any tint cease, 1 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 agreenent shall terminate. i ft 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 i i II z CGNSFNT AGRFEMENTfor Temporary use of public propedyi.doc r f i { { } `T". 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, j I I 8. i 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 1 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 i Duilding Official for the protection of public health or safety, City may terminate and cancel this , agreement. i 9. j Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at II 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 I I 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 f other rights-of-way, as determined by the Director of Transportation and Public Works or his I i 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 ! • I i in an expeditions 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 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. l 3 CONSENT AGREElAENTfor Temporary ose of public propartyl.doc i i i i i Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed i 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 f� discretion to use or cause or permit to be used for any public purpose the said encroached portion i of the streets,then this agreement shall be automatically canceled and terminated. l i 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, l 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 i 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 i subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee, j i 4 CONSENT AGREEi•AEMTfor Temporary use of put;lic propertyl.doc i i 11 14, GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMII'Y, 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 WI-IATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE, i OCCUPANCY, USE,EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND } 4 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 SIIALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR 1 f ( DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, f SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESSEES, l INVITEES OR TRESPASSERS. l I F y 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 described in Exhibit"B". The amounts of such insurance shall be not less that the following: f i Property damage,per occurrence $100,000.00 a 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 shalt 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 CONSENTAGREElAEClT(or Tempo,ar/useofpublicpropert/I dor. i 1 . i I i 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 i i 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 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 I j such prior written approval shall he void. 1 1 f 17, ! i This agreement shall be binding upon the parties hereto,their successors and assigns. l i S 18. 1 i Should any action, whether real or asserted, at law or in equity, arise out of the terms and ! 1 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. j 19. 9 to 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. EXECUTED this L4day of '!!" _--- - 2019. 1 I G RAN`I'O R: GRANT-E: CITY OF FORT WORTH f _ -�acilibes Building Official i - i Title j OFFICUAL CONSENT AGREEMENT(erTemperer)usdWl ublicp, - r l { 1 i 1 i l i P O D T F AND LEGALITY: Assis nt City Attorney Date l� o Date Ci_ Secreta i { l I t � i l { 1 1 f � i F r 7 CONSENT AGREEMENTtor Tompornry use of public properiyl.coo l }l I { ! 1 I . !f� 1 t I S 4 r ; STATE OF TEXAS i ii COUNTY OF TARRANT j BEFORE ME,the undersigned authority,a Notai�Pr blic in and 1 For the State of Texas, on this day personally appeared t 1l V11 GL q ,known to me to be the person whose naive is subscriber)to the foregoing instrument, and acknowledged to me that he/she executed the same for-the purp\oses rind cot 'lerati n therein expressed, as the act and deed of i and in the capacity therein stater). Il "N UNDER MY NANN�&�4ND SEAL OF OFFICE this dray Of lot e 20M. . i ff li rAEGHAN M FALCON 4 1� 131797359 F mires t F Affiant _ 1 i lrr �011 � 4 � Title N`tary rrblic in and for f The State of Texas I _ ; I O pR�PUS` MEGHAN M FALCON t z Notary 10#131797359 j My Commission Expires i November 14, 2022 i i i 1 's I 8 i t COW i ! j i • t i • t i t i � i i . I STATE OF TEXAS f COUNTY O.F'TARR.ANT l BEFORE ME,the undersigned authority, a Notary Pu lic in and For lite State of 7exus, on this(lay personally appeared % i known tome to be the person ose name is subscribed to the foregoing instrument, and acknowledged to nze { that he/she executed the same far the p�r rposes and consideration therein t expressed, as the act and deed of i'��l12(1C�1 8'i;r�1(1CS (and in the capacity therein stated. 1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 T (lay Or 20Aj-, i I t I. i I ff• A t(cnt KATIA ORTIZ ` r$ :��c Notary Public,State of Texas Title =w Q� Comm.Expires 05-21-2022 {i{ ;,,r` Notary ID 131576481 t I Notary Pu ltc in and for E i The State of Texas ! I 4 i i I i i g OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX III y Contractors Name:Holder Construction,Inc. _\ point of Contact: Scott Breitkreutz Phone Number: 972-870-4290 1 Building Permit Number:City Project No.101857- purpose for Closure:Roadway Bridge Construction Begin,Date 8/24/19 End Date: 2128120 j Type of Taper according to posted speed limit: i Tapers @ 30Iv K10ft Offset,150'minimum Tapers @ 35 MPH,loft Offset,2.o5'minimum Tapers @ 40 MPH,loft Offset,ads'minimum Arrow a P i Private Driveway 40' (American Airlines) - s 500'x 40' = 20,000 sf 20,000 sf x $0.03/day x 189 days I =$147,000.00 3 Total = $113,400.00 American ! 01 o Airlines Campus I 0 American Airlines Campus i E i i i No roadway Private Driveway > i tL — AcoRD® CERTIFICATE OF LIABILITY INSURANCE DATDIYYYI) 06/05J2l05l20F 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MCGRIFF,SEIBELS&WILLIAMS,INC. NAME: 3400 Overton Park Drive SE ,.No Exit:404 497-75DD NC No Suite 300 E-MAIL Atlanta,GA 30339 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC$ INSURER A-Zurich American Insurance Company 16535 INSURED Holder Construction Group,LLC INSURER B:Travelers Property Casualty Company of America 25674 3300 Riverwood Parkway INSURER C Suite 1200 Atlanta,GA 30339 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:B6TRZ4LC 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 ADD SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY) fMMIDDffYYYI LIMITS A X GL0297891419 03131/2019 03/31/2020 EACH OCCURRENCE £ COMMERCIAL GENERAL LIABILITY 2,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 3DO,ODO _ MED EXP(Any one person) S 10,000 X X PERSONAL&AOV INJURY £ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4.000,000 POLICY�ECOT- LOC PRODUCTS-COMP/OP AGG S 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP297891119 03/31/2019 03/31/2020 COMBINED SINGLE LIMIT Ea accdent S 1,000,000 )( ANY AUTO BODILY INJURY(Per person) 5 OWNED SCHEDULED BODILY INJURY Per accfdenl S AUTOS ONLY AUTOS X X ( ) HIRED NON-OWNED PROPER DAMAGE £AUTOS ONLY AUTOS ONLY Per accident £ B X UMBRELLA LIAR IOCCUR UP61M5399819NF 03131/2019 03/31/2020 EACH OCCURRENCE S 2,000,000 X EXCESS LIAR CLAIMS-MADE X X AGGREGATE $ 21000,000 DELI I X I RETENTION£ $ A WORKERS COMPENSATION WC386567117 03/31/2019 03/31/2020 X I PER OTH- AND EMPLOYERS'LIABILITY Y/NI STATUTE I I ER ANY PROPRIETORIPARTNER/FXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A X E.L.EACH ACCIDENT $ 1,OOD,ODO - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descrlba under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT £ 1,0D0,000 S $ £ S S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES fACORD 101,Addiftonal Remarks Schedule,may be attached If more space Is required) RE:American Airlines West Campus Mobility Project-CPN 101857 The City of Fort Worth,its officers,employeas and servants are Included as Additional Insured as respects insured's ongoing&completed operations for General Liability, Automobile Liability and Umbrella/Excess Liability as required by written contract.Where Additional Insured status Is given,the General Liability,Auto and Umbrella/Excess coverage provided said Additional Insured is primary and non-contributory over any other in force and collectible coverage as required by written contract.Waiver of Subrogation is In favor of the Additional Insured for the General Liability,Auto,Excess Liability and Workers'Compensation policies referenced herein as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth AUTHORIZED REPRESENTATIVE FortrTX7 Street r Fora Woorthh,,TX 76102 Page 1 of 1 ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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/ ignature castmer Wv* Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature I