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HomeMy WebLinkAboutContract 45752 CITY SECREW CONTRACT NO. 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, Acting ouch its duly authorised went, r� � .,. 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 e rights-of- ja o f I I ow s, .0 _ k c 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. 2. All use and occupancy of public street, alleys, sidewalks or other public rights-of- :0 way under this agreement shall be in strict compliance with the Charter, Ordinances and r" Codes of the City and in accordance with the directions of the Building Official and the M Director of Transportation and Public Works of City. Z W11" C3 C= W OFFICIAL RECORD C1 1"Y' 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 'd 34 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devices 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 an additional amount equal to such additional cost as determined by City. 6a The term of this agreei.-nent shall be for 10 _,days, from to Provided, however, should the ne—ecf'for the encroachments granted. �e—re any time cease, Grantee agrees to immediately notify City of such conditions; 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 2 "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. 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 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 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, INCLUDING DEATH, TO ANY AND ALL PERSONS, OR 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 LIABILTY 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, LICENSEES, INVITEES OR TRESPASSERS. 15. Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that is 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 than 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 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 5 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. EXECUTED this day of , 20]__a _ GRANTOR: G NTEE: CITY OF FORT WORTH P& IN T X Building Official �. Title 6 APPROVED TO PO AND LEGALITY:11 _ � l l � A )- L,) Assistant City Attorney Date ce 0itylSecret,a6T Date oAj OFFICIAL RECORD CITY SECRETARY F 'rf T , ll, t STATE OF TEXAS COUNTY OF TAR NT BEFORE ME, the undersigned authority,a Notary Public in and For the State of Texas, on this day personally appeared A41 I'so-0 6?'�q 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 purposes and consideration therein expressed, as the act and deed of and in the capacity therein stated. ,GU,N UNDER'MY HAND AIVDSEAL OF OFFICE this —j-&tVt1qy Of 20—L± Affiant ;::4 Title Notary Public ipt andfor The State of Texas R. G. NAREZ N ota(y Public,State of Texas My Commission Expires September 10, 2017 8 I. STATE OF TEXAS COUNTY OF TAR. NT rity, a No ary ? blic in BEFORE ME,the undersigned apt l, L,&j7&ic andForthe State of Texas, on this day personally appeared /;� 1""I , know to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she execut the4ame or4he 11uj)oses and consideration therein expressed, ye as the act and deed 41 and in the capacity ............ ......................... therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1:C day of 201.1t j Af iant Title Nota, tiblic mi r n an y U r The State of Texas KPPRISCILLA D SADNCHEZ NOTARY PUBUC F STATE OF TEXAS A My CO:Z 1:V1 F MY COMM. EXP 5/12/15 9 Contractors Name; Point of Contact: Phone Number: Building Permit Dumber; r ose for Clo . Begin Date- Type of Taper accor " to posted speed `ta Tapers 0 NIPH,10 0 - et,150,Mininum, • Tapers@35 MPH,1 Oft Offset,a,05 t Tapers",7a 40 NTH,10 Offset, 65®minimum No(4, ftrroo � i 4 R 4,: a n a� r TFMPOWY C y SID[rWA DAYS LK FEE- 1 no STREET ° j�.)� W m �F� ww .D/YS" , „ TOTAL F ,%PPLY`ANT MUvr CALL FOR, AND RECOWAN TNSPECTION AFTER, ALL 77 E i' I RDGPA-1 OP ID: PR CERTIFICATE OF LIABILITY INSURANCE DATE 0610412 ' 6/oaw2o14 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 endorsements. PRODUCER CONTACT Granger Group Insurance PHONE _ Peggy Riley Fix 300 Burnett,Suite 121 JAIL,No F:t):,81 7-332-4677 ____ l gA/c,Noe 817-332-4742............ Fort Worth,TX 76102 E-MAIL Sharla Wilson ADDRESS:p gy r�rangergroupfW- - INSURER(S,)AFFORDING,COVERAGE .NAIC# _..._ ..... . ..... _ INSURER A Catlin Specialty Ins Co 15989 --- .... .... ...._ INSURED RDG Painting INSURER B Hartford Insurance Com an 38261 Ron Green _ — — p y ..... __. .... .......... PO Box 499 INSURER C:Mt Hawley Insurance Co 37974 - - _._ _ Crowley,TX 76036-0499 INSURER D:Texas Mutual Ins Co. 22945 INSURER E'o ................. ............__.-_ .........................._............. INSURER F COVERAGES CERTIFICATE NUMBER: 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, "rHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN Y HAVE BEEN REDUCED BY PAID CLAIMS. .._.._. .. ..........- -INSIZ.I..._ .._.TYPEOFINSU INSURANCE POLICY..DDL -- POLICYNUMBER 6N /pCD�YYY POLICY YVP'f' LIMITS L'rR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 _ CLAIMS MADE ( OCCUR 4200300904 04/01/2014 04/01 12015 15AMACE O RENTED)zLMIE�,4�ocr,aruoncay $ 30000 .. ,_._.__ ,..., ._.... MFD EXP(Any one per'�on) $ 5,000 PERSONAL ACV INJURY $ 1,000,00 _ _ .� .... _.... GENT.AC 4 REGAT'E LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 X... POLICY(.._... � PRO- .� LOC PRODUCTS-COMP/O'A.NG $ 2,000,00 _ ... . _ - ._... OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 z a 000 00 B ANY AUTO 46UECZF6846 04/01/2014 04/01/2015 BODILY INJURY(Perpersorn) $ ALL OWNED ".a"CHE'eO1.IL@i17 ......I. ...----__ .. .. ......... ....,.._... X BODILY INJURY(R�erocPdeart) $ ....._.. AUTOS ......__ AV.I'l'tas X X NON-OIIVNED PROPERTY DAMACIC= $ ...._.___. HIREDAUT'OS _ AI91fOS .II'"rrr_aceitipnC,).. __....... .. .._. $ X UMBRELLA LIAR X 0CC.L.IR EACH OCCURRENCE URRI NCE $ 1,000,00 C EXCESS LAB CLAIMS-MADE EMX0318924 04/02/2014 04/02/2015 AC,t RELATE $ 1,000,000 DED RETENTION$ $ W COMPENSATION PER OTH- OYERS'LIABILITY STAILP.::f E ,E_R D IETORIPARTNE RIEXECUTIVE- C"/'""N� SBP0001253743 06/09/2014 06/09/2015 _E.L EALHACCIDENT $..........._,__ 1,000,00 EMBER I XCL UDE6? L......j NIA ._.. ..._ ..In NH) E.I..DISI"ASE EA EMPLOYEE $ 1,000,00 ribo tender _ ...__ ............._. ............... .._....ION OF.OPERATIONS below E.L DISEASE POI ICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS d VEHICLES (ACORD 1 01,Additional Remarks Schedule,may be attached If more apace Is required) The General Liability, Automobile Liability, & Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that applies in favor of the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION CITFT-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City of Fort Worth 310 W 10th Street Fort orth,T 76102 AUTHORIZED REPRESENTATIVE a 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ............. RDGPA-1 PAGE 2 NOTEPAD INSURED'S NAME RDG Painting OP ID: PR Date 06/04/2014 _­______........._____ ­111. ........................... .. ...................... .. ........................................ ................................ ...................... We have issued an industry-standard ACORD certificate of insurance for our customer. A law passed by the Texas Legislature effective January 1, 2012 (Senate Bill 425) prohibits us from adding special wording to the certificate that would (1) alter, amend or extend coverage or to and conditions provided by the insurance policy; or (2) provide false or misleading information concerning the insurance policy or (3) refer to a legal or insurance requirement contained in the contract. The remarks shown in the certificate address specific items you requested, For more information regarding the now law, please go to the Texas Department of Insurance website at: www.tdi.texas.gov. The general liability and commercial auto policies includes a blanket automatic 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, Ronald Green, sole proprietor, is excluded from Worker®s Compensation. ............. ..................... ............ ............... ............. HOLDER CODE CITFT-I RDGPA-1 PAGE 3 NOTEPAD: INSURED'S NAME RDG Painting OP ID: PR Dale 06/04/2014 ................................. The general liability includes-nclud.. an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder.