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HomeMy WebLinkAboutContract 27598� �I�Y S��R�iA�� � � ' ' � CON�RACi f� . � � COI�fi�ENT AGREEMEIlTT � FOR TEI�IIP�RAR�' U5E �F PUBLIC PROPERTY STATE OF TEXAS C�UNTY OF TARR.ANT THIS AGREEMENT zs made and entered into by and between the City of Fort Worth, a municipal corporatian of Tarrant County, Texas, acting her�in b� and ihrough its duly authorized Building Official, herinafter referr�d #o as the "City"' anr� Cardinal Roof in� . �c . acting by and ihrough its duly authoriz�� President y hereinafter referred to as "Grrantee". 'VV'�TNESSETH: 1. For and in consideratian of the paynaent by Grantee of #he charges set out below and the true and fai�hfitl performance of"the mutual covenants herein contained, City hereby gkar�ts to Grantee permission �o temporarily �ncroach upon, uses a�d occupy portions of the spac� und�r, on and/or abave the sir�eis, alleys, sidewalks or other public rights-of way as follows: � Wes� ldth Street et�ean Mon oe and Tavlor � ����� �� � .� � � �uw� I '��1� � The location and deseription of'said encroachment is more pazticularly � � described in Exhibit "B" attached herefo, incorporat�d herein and made a part hereof for al� purposes. 2. All use and occupancy of public streets, al�eys, sidewalks or other public rig�ats-of-way under this agreement shall be in strict compliance with th� Charter, 4rdinances and Codes of City and in accordance with the directions of the Building Official and the Director of Transportation and Public Woxks of City. 3. Upon expiration of this agreement and the privile��s granted her�under, there sha11 be no encroachmeni by Graniee in, under, nn or above the surface of the public rights-of way involved. � Grantee agrees to pay in advance an encroachment �ee far the temporary privilege o� encroaching upon a portion of the public rights- of-way as descxibed in Exhibit `B", Said fee is calculated in the nzanner. , a and amounts prescribed by the �uilding Code of the City of Fort Worth for temporary use or occupancy ofpublic prop�rty. The estimated total amount of said fee is �.;��h�t��� r��,�� x�•����������.�l���a3��s �-���������-oo� , � - --- . - i � .. . � . ,� 5 , _ � � (.r ^_+� i e � � Grantee, at no expense ta City, shall make proper provision for the relocation andlor insfiallation of any existing or future traffic cantrol de�ices or other impravements affec�ed by such encroachment, use and occupancy, including th� securing af approval and consent from the appropr�at� agencies af th� State and its political subdivisions. In the event that any installation, reinstallaiion, relocation or repair of any existing or �uture t�affic control device or improvement owned or constructed by or on behalf o� the public or at public expense is mad� mare co�tly by virtue of the existence o� such encroachrnent and use, Grantee sha�1 pay to City an additional amount equal to such additional cost as determined by City. � The term of �his agreement shall be for �� days, from 2� az to s/z3/a2 , provid�d, however, should fhe need for the encroachments granted hereunder at any time cease, Grantee agr,ees to immediaiely notify City of such condition; and, upon receip� of such nQtice by the Building O��cial of the� Ci#y of Fort Worth, this agreement shall terminate. �. Yt is expressly understood and agreed that this Consent Agreement is for a tempora�y encroachment in, under, over and upon the public property as locat�d and described in Exhibit `B", This agr�ement shall not be cons�rued as the. granting of a permanen� easement, encroachment or license upon City's public streets, alleys, sidewalks or other rights-of way. ; E�. City, through Xts dLtly authorized representatives, shall have the fuli and unrestrict�d right to enter upon all public rights-of-�ay for the purpose of making tnspections to deternaine compliance with the terms, covenants and conditions herein. In the event that any inspection should rev.eal a breach of any terms, covenants or conditians herein, City shall give Grantee notice of' such breach. Should s�lch breach not be corrected by Grantee within twenty-four {24) hours of receipt ofthe not�ce, or wi�hin such shorter period of time as deemed neces,sary by the Building Off cial for the proteciion of publie h�alth or safety, City may termina�e and cancel this agreement. ' � Upon expiration ar termination of this agreement for any r�ason whatsoever, Gran�ee shali, at no expense to City, restore the public righis-of tivay and adjacent supporting stnictures to a candition acceptable ta the Director of Transportatian and Public. Works or his duly authorized represenfative and in accordance with then existing City specifications, and Grantee shall remove all barricades, ec�uipment, supplies, maierials or ather properiy from said location. Gran�ee further covenants and agrees that iar a period o�f one { 1) year after the termination of this Consen� Agreement, Grantee w�ll repair alI conditions or darnages too the streets and sidewalks or other rights-of-way that have resulted from Grantee's use or occupancy of the s�reets and sidewalks ox other rights-of-way, as determin�d by the Director of Transportation and Public Works or his designee. Grantee agre�s to begin such repairs within thirty (30) days of receipt of notice from the Director ofTransportation and Public Works or his designee. A11 repairs shall be perfozrned in an expeditious and workmanlik� mann�x and sha11 comply with alI app�icable laws, codes, ordinances and City specifications. �n the ever�t that Grantee fails io comply with the covenants her�in contained with r�spect 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 o�'the City are necessary to bxing 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 xeimburse City for the cost and expense of � such removal and/or repairs immedia��ly following billing for same by City. Nothing herein shall be construed as a waiver by City to en�orce penal sanctions prescribed by �he Code of the City o� Fort Worth and the laws of the State of Texas for Grantee's continued encroachrnent upan the public rights-of way following t�nnination o� this Consent Agreement. 10. It is fiirther understood and agreed between the parties here#o that City holds the city str�ets, alleys, sid�walks and other public rights-of way, including the portions of such slreets used and encroached upon as described herein, as trustee for the public; tha� City exercises such pow�rs over the streets as have been delegated to it by the Consti�ution of the State of Texas ar by th� Legis�ature; and that City cannot contract away its duty and its legislative power �o control the streets for the use and benef t af the pub�ic. Tt is accordingly agz�eed that if �he governing body of Ci#y, to wit, iis City Council, should at any �ime during the �erm hereof de�ermine in its sole discretion to use or cause or pe�nit to be used fox any public purpose the said encraached portion of the. streets, t�hen this agreement shall be autornatically canceled and terminated. I1. Granfiee agrees ta compiy fully with all applicable #'ederal, state � and local laws, .statutes, ordinances, codes or regulations in connection with the constructibn, operation and maintenance of said eneroachments and uses. ' 12. Grantee agrees to pay promptly when due aI1 fees; taxes or rentals pro�ided for by this agreement ox �y any federal, stat� or local statute, law or regulation. 13. Grant�e covenants and agrees that it shall exercise all ri�hts and privileges granted h�reunder as an independent contractar, and not as an. officer, agent, servant or employe� of City; that Grantee shall have exclusive control of and the exclusive right �o control the details of its ope�ations and activities on said� described public property and all persons p�rforming same, and shall be solely respansible for the acts and omissions of i�s officers, agents, servants, employees, contrac�ors, subcontractoxs, Iieensees and invitees; that the doctrin� of respondeat superior shall nat apply as between C�ty and Grantee, its officers, agents, servants, employees, contractors and subcantractors, and no�hing herein shall be const�-ued as creating a par�ne�ship or jaint enterprise between City and Grantee. I4. Grantee �ovenants and agr�es to indemnify, and daes,hereby indemnify, hold harmless and defend City, its officers, agents, servants and emplayees, from and against any and all claims or suits for property damage or loss and/or personal injury, including,�eath, to any and a11 persons, af whatsoever kind ox character, whether real or assez-ted, arising out o� or in� connection with, direct�y or indirectly, the maintenance, occupancy, use, existence or location of said encroachmen� and uses gr�anted hereunder, wh�ther ar nat caused, in whole or in �art, by al�eged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees ar invitees�of City; and grant�e� hereby assumes all liability and responsibility of City, its officers, ag�nts, servants.and employees, for such claims or suits. Grantee shall likewise assume all liability and responsibility and shall indemnify City %r any and all injury or damage �o City property, ari�ing out of or in conn�ction wi�h any and all acts or amissions of Grantee, its officexs, agent�, servanfs, employees, contractors, subcontrac�ors, licensees, invitees or trespassers. 15. Grantee agrees to fi.�rnish City with a Certifzcate of Tns�rance, naming Cit� as certificate holder, as proof that it has secured and paid �ox a policy of public liabili#y insurance co�ering all public risks related to the praposed use and occupancy ofpublic property as located and d�scribed in �xhibit "B". T�e amounts af such insurance shall be nat Iess �han the following; Pxoperty damage, per occurrence $100,000 Bodily injury, per person $25a,OQ0 Bodily injury or death, per occurrence $540,000 With �he unders�anding of and agreement by Gxantee �hat such.insurance amounts shall be revised upward at City's option and that Grantee shatl so � revise such amouri�s immediately fnllowing notice to grantee of such requir�ment. Such insurance policy shall provide that it cannat be canceled or amended without at �east thirty (30) days' prior written notice to th�� Build�ng Official o�' fihe City o#` Fort Wor#h, A copy of such Certificate of Tnsurance �is attached as Exhil�it "A". Gran�ee agxees to submit a similar Certificate of Xnsurance annually to City on the annivexsary dat� of the execution of this agre�ment. Grantee agrees, binds and obligafies i�self, its successors and assigns, to m�intain and keep in force such public liability insurance at all tixnes during the term of this agreement and until the removal of all encroachments and the cleaning and restoratian of �he city streets. A11 insurance coverage required herein sha�l incl.ude caverag� of a11 of Grantee's con#ractors. 16. Grantee covenants and agr�es that it will not assign ail or any of its rights, privileges or duties under this contraci without the prior written approval of City, and any attempted assignment without such prior written approval shail be void. 1�. This agreement shall be binding upon the parties hereta, the�r succe�ssors and assigns. :. Should any action, whether rea� or asserted, at law or in equity, arise out of the terms and conditions of this agreement or out of �he use and occupancy of City property as permitted hereunder, venue for said action sha11 be in Tarrant Coun�y, Texas. 19. Tn any action brought by Ci�y for the en�'oxcerilent of the obligations o� Grantee, City shali be entitled #a recaver interest arid reasonable attorneys' fees. EXECUTED Thxs llth day of _March. 2002 � , GRAIi�TOR: CITY OF FORT WORTH BY: � ��,�.-% SUTLDING OFFICIAL APPROV ORl� AND LEGAL�T'Y: C�/�'�4'' ATT EY M DATE: I �' � , �. _ C Y�S CRETA:E�Y �,, DATE: �/- ����� - �� � � . ccnt�ract Authoriza��ion �.ate GRAI`IT�E: Cardinal Roofing, Inc. .� BY• ,�;r _ President TITLE � � '}��5�u� �-Ol'E � � , , .:U�°�L' i1�S� y���� � f S.�'ATE OF' �"`�.Xt�1S C�iJ.1V7'Y t�1F Tf1���111T�'' .�.�'FORE ���', tlre irndersiglierl rr��tlxority�, t� Nata�.�,�ttblic i�t at�d Far tlre Sfrtte f Te.�-rts, oj� tl�is drry personnlly rrpperrrerl ����Y��-��+� ,kno>v�i to rrt� to be tliePerso�r sy�lrose �irtrrre is srcbscribed fo the fol•egoiti,,� irtst�•rrr�isszt, a�z� ackr7ofvledgerl to rrre tflat lre.�slte exe�uted tlie srrrtze for tlre pur ses rr rd co�tside trt'o Niereii¢ ex,presserl, as tJte act at�d �Ieetl �f ���-���� � c�" �' c; � I , rrrlrl ija tiie ctrpacity tlre��eilr st�iter�. � � GZT�'1V��'DE� lYl�r HA�IrD t11�ID �SEAL DF OFFI'CE tlr is �� f rlrry nf �1P'1 � , 2D o�--', � �� f�ffl<tjlt �-��-iiCi --�.� � _" N �`� �Z.�Y ""` JUANITA .loYCE JEFFERSON ,� �. Natory Pubilc q`��� 5tate oS Texas 11'otr�ry PrrBlic i,1 trI f 1• � �� _.�QF �4 commn �xpires 06-29-20�3 T{ie State of Texr�s ,,,.., � : . . _ . . d IY u sTA �E oF ���s C4UN�'Y DF TARR14N3" BEFORE ME, the a�rzdersigned aYrthority, a Nvtary Pirblic in arad For tlae State vf Texas, on tlais rlay persa�aally appeare�[ Rncky Potter ,knorvn to jire to lie fl�e persori fvhose �:cct�ie is subscri6e�f to tlae for�egoi�ig iiistrir�rrerst, r�r�d rrckriowledged to �ne tliat he/s1:e e�cectrted the sanie for tl:e purposes c�nt� consideratiart ihereir� expressed, as the act a�td rieed af card�nal ltoof�n�, znc. , a��d iri tlte capacity tl�ereiti staterl. GIVEN UNDER MY HAND AND SEAL OF OF�'ICE tlris � 1�h Qf' March � ZQ02 , t 1 r � y �. '�i� - Affinrit �7' President Ti#le _ r ., � i1. � 1 Natary Pirhlic rr� ar�r� far T1ie State of Texas drry ,ea-. �� .. .t ... _ .,. y �1r+�Y PAULA HAMILTON Notaty PubllC � � � 3t�t� of ?exas 9�',, � ",�� Comm. �xpltes 04�6L20D3.� ��.. _� _.- --�-- -- , I2 ' , Contractors Name: Cardinal Roafing�y Inc. � les She herd._ Point of �Contact; Cha� P �` PhoneNumber: 972-2D6-2S00 _ � 1� � . Building Permit Number; � C Purpose for Ciosure:Reroof Fedexa�. B�d,�. �' End Date:5/23102 , � n BegistDate: 3125/02 �`�� � No work pemutted during peak hours: 7:46arrs-9:OQam � and 4;OOpm-6:OOpm. Requi�ed to have pedestrian signs � during work at a�l times ���� ����� � T}rpe of Taper according to posted speed li�mit: Tapers @ 30 MPH 10ft Offset 30fk minirnum �� Tapers @ 35 MPH 1Qft Offset 35ft min[zz�um � � Tapers @ 4D MPH 1Dft �ffset 40ft rninimum 1 � - — - — �- - • - - -•- - • - — ,. . _ . . � _ -�,rl�+�K� �4we. w.Kd • , �j'� ��G o1f� ! -... -' , - ' � . �/ � - --� �-�- �- — - : . � _" � ��r�� �� � �- — . � � r _ � _ . ��p � - 1i J t � ... _ . ���.a -- . ^ _ . �<'�o� ! � �-1.... f--r � �° r � � � � � . _ _. �� � . 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