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HomeMy WebLinkAboutContract 52684 N CITY SECRETARY CONTRACTN®. K 2p1 - p��2� �woRMk CONSENT AGREM"-NT FOR TEMPORARY USE OF PUBLIC PROPERTY l STATE OF TEXAS r COUNTY OF TARRANT TTT[S AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting heroin by and through its duly authorized i Building Official,hereinafter referred to as the"City"and �. Dennett Construction, LC , Acting by and through its duly authorized agent, Scott Dennett Hereinafter referred to as"Grantee". WITNESSETH: For and in consideration of the payment by Grantee of charges set out below and the true and faith-H 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 above the streets,allays,sidewalks or other public rights-of-way as.follows; f 201 Main Street, Fort Worth,TX 76102 f 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, + � if All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under f 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 1 and Public Works of City, I CONSENT AGREEMEMYor Temporary use ofpub pro I i I i F I i S f 3. E Upon expiration of this agreement and the privileges granted hereunder, there shall be no } encroachment by Grantee in,under,on or above the stir-face of the public rights-of-way involved. l ! f { q. ! 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 F calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth ; 4 for temporary use or occupancy of public property. The estimated total amount of said fee is: I 1 Sidewalk:(225'x5')"2=2,250sf//2,250sf x 0.015/Calendar Day x 6 days=$202.50 Sidewalk Total =$202.50 1 F f 1 Street: (11'x 200')*3 = 6,600sf x .03 x 6 =$1,188.00 I Total for Street& Sidewalk: $1,390.50 ! E i 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or 1 installation of any existing or future traffic control devises or other improvements affected by I f 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 and additional amount equal to such additional cost as determined by City. 1 l t 6. The term of this agreement shall be for 6 days,from 08j/2019_to 08/,'42019 Provided, however, should the need for the encroachments granted hereunder at any time cease, ! i I 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 I # 1 I 2 CONSENT AGREE68ENTror Temporary use of public propedyi.doe k{# I F I "B". This agreement shall not be construed as the granting of a permanent casement, encroachment or license upon City's public streets,alleys, sidewalks, or other rights-of-way, , S, 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 broach. Should such breach not be corrected by Grantee within twenty-four (24) i 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, j ordinances and City specifications. I 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, i 3 CONSENTAGREEMENTforTemporaryussofpublicpropertyi.doo j 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 file 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. 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 nights 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, Iicensees 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 1. GO NSENTAGREEMENTfor Temporary usa or public propertyi.doc r :14, GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMIFY, BOLD 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 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 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, LICESNEES, ' INVITEES OR TRESPASSERS, 1 S. 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 ooverlug 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 thatthe following: i Property damage,per occurrence $100,000.00 Bodily injury, per person $250,000,00 Bodily injury or death, per occurrence $500,000.00 i With the understanding of and agreement by Granteo that such insurance amounts shalt be revised } upward at City's option and that Grantee shall so revise such amount immediately following t notice to Grantee of suoli 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 ! f f 5 i CONSENTAGREEldflNT(or Temporary use of public prop"l.dno i of the City of Font 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 tha 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 terra of this agreement and until the removal of all encroachments and the cleaning and restoration of the city streets, All insurance 1 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 file 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. EXECTITFD this 02 day of August 2019 !f GRANTOR: GRANTEE: CITY OF FORT WORTH Dennett Cgstruction, LC Building Official i President —� Title --_ FjFrq , CIAL CONSENT AGRErzMENTforTemoorary use of publlc pro FW dA, APP O FD TO FORM'—AIqN T EGAUTY _ ant City Attorney Date 40—yity Secretary O � Date i ; I FMCPAL KIECOR[.,> FT. WORMhad. 7 CpN5ENTAGFt6EMENT(orTampora ?sf�VulicprOpetiy#:dea- I i ,STATE OF TEXAS COUNTY OF TAR,RANT BEFORE ME,the undersignel authority, a Not P cblic in and Fo Me State of Texas, on this clay personally appeared:�C C ,known tome to be the person whose na/ne issu6scribed to the foregoing instrument, and acknowledged to me that he/she executed the same far the purposes and co prier Lion therein expressed, as the act and(deed oj' , and in the capacity therein stated. GIVEN .NDER MYx1AND ND SEAL OF'OFFICE this ICJ day of 3� (PpV OAF lv. ./ Affian# M`+Cam., „ s Title No�a}y Public in and fo Tfl�,State of Texas CPO, Mi C,HANM--ttl:.NotaryIQx13i7913S9 Mw Commission Expire•-. . t i OFFMAL REC.0RD j It i t t j� +Fr 7 i !t 1 3 ]i ff1 STATE OF TEXAS I COUNTY OF TARAMA NT i t t BEFORE ME, the undersigned authority, it Noteny Public in and For the State of Texas, on this day personadZy appeared sconDennett �Iciiowfi to ine to be the person ipliose - iz(ti.tze is siihseribed to the foi-egoiitg itisti-atinei'it, trod racknofs;ledged to nle that he/she execrated the sane foi-the purposes rind consideration therein expressed, as the act and deed,of Denheit Construction,LC s and in the capacity therein,stated GITIEN UNDER 1117JE MD AND SEA-L OF OFFICE this 2nd day August 0-2— t Er I I %llilt JULIE LAUREN BUCHANAN i =a° otary Public,State of Texas t r ' f`►�+` Comm.Expires 05-15-2021 Af iailt biIMO Notary ID 126890427 President i Title Q��400(1-yPnhli in Anal fote of Tex . i 1 i i I s g - --� -- OFFICIAL RECORD CITY SECRETARY t FT. WORTH, TX --_- t t 3 1l Contractors Name; Point of Contaet; Phone Number; ° Building Permit Number; Purpose for Giosure; _..v Begin Data; I. _EncfDate; Type of Taper accordbig to posted speed limit: `Papers @ 3O MPS ,lO$Offset,150'mftlilnum, 'Papers @ 55 MPAI Of 0 Iset,aos'minimum t 4coke, Tapers @ 40 NRH,IOR Offset)9,675'minim m l� I I L03 L FF s �y4 h 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/Signature CU Am� - G �1U � Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature M';DAE [�EC®Rf� Law SECRETARY WORTH,TX