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HomeMy WebLinkAboutContract 29814 Mar 31 04 03: 24p p. 2 CITY SECRETARY CONTRACT NO. ,-)"A4 CONSENT AGREEA ANT FOR TF-YTORARY USE OF PUBLIC PROPERTY STATE OF TEXAS CO=. 'OF TARRANT' THIS AGREEMEI`Pr is made and entered into by and between the City of F trt North,a municipal corporation of Tarrant County, Temas,-2ctina-herein-by2ud-thToughits-du irtborized-Building Official,heriu.atz- referred to as the "City"' and Cardinal Roofing, Inc. acting by and through its duly authorised President 17.ereinaftzr referred to as �GT�nL�iir. WITNESSETH: 1. For and in consideration of the payment by Grrantee of the 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 portions cf the space under, on and/or above the streets, aEeys, sidewalks or other public right f--way as follows: The 400 Block of West 13th Street. L�.9 p. 3 Mar. 31 04 o3: 25p . i i 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 streets, alleys, sidewalks or other ' public rights-of-way under this agreement shall be in strict compliance with.the Charter, Ordinances and Codes of City and in accordance with I the directions of the Building Official and the Director of Transportation and Public Works of City. 3, j Upon expiration of this agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in,under, on or �1 • 4 above the surface of the public rights-of-way involved 4 c Grantee agrees to pay in advance an encroachment fee for the temporary privilege of encroaching upon a portion of the public rights; I 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 Three `thousand Seven Hundred Ninety Four Dollars ($_3;1yq i -tt it Mar 31 04 03: 25F I 5. l 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,searing 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 l existing or future traffic control device or improvement owned or I 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. • I 6, The term of this agreement shall be for26 days, fro 4 o s/o a I to provided,however, should the need for the encroachments 1 granted hereunder at any trove cease,Grantee agrees to immediately notify City of such condition; and,upon receipt of such notice by the ' Binding Official of the City of Fort Worth,this agreement shall terminate. r 3 P. Mar. 31 04 03: 25p 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`°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. City, through its duly authorized representatives, shall have the full and=estricted 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, Chantee 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 i . - specifications, and Grantee shall remove all barricades, equipment, supplies, materials or other property from said location. Grantee furthera'- Mar 31 04 03: 25p p, g V I i 1 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 too 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 1 begin such repairs within thirty(3 0)days of receipt of notice from the I E Director of Transportation and Public Works or Iris designee, All repairs shall be performed in an expeditious and workmanlike manner and shallcomply with all applicable laws, codes, ordinances and City specifications. In the event that Grantee f&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 m 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. 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 6 Mar . 31 04 03: 26p p. 7 i Upon the public rights-of-way following termination of this Consent Agreement. 10. It is further understood and agreed between the parties herto 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 fl powers over the streets as have been delegatcd to it by the Constitution of the State of Texas or by the Legislature; and that 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, should at any time during the term hereof determine in its sole discretion to use or cause or permit to be used for any publid purpose the said encroached portion of the.streets, then this agreement shall be automatically canceled and termiizated. 1I, 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 orby any federal, state or local statute, law or regulation. 13. P.0 Mar, 31 04 03: 26p 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, andshall 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 entezprise between City and Grantee. 14. _ria ��t'i'S+I Ca� ��N AGREES TO INflDE Y, - AND DOES BIEREEY INDEAWJYY,HOLD ELU MI.ESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EYTLOYEES, +ROM AND AGAINST ANY AND ALL CLAIRS OR SE'S FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INSMY, INCLUDING DJEAIIH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CRARACTTIR, THER DEAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITBC DIRECTLY ORL DIRECTLY,THE MAIN'T'ENANCE, P-9 Mar 31 04 03: 20P OCCL`PANCY,USE,EMS'TENCE OR LOCATION OF SAID ENCR.OAC FNT AND USF+S GRANTED B[ER.EUNDER, WHETHER OR NOT CAUSED,IN WHOLE OR IN FART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMTLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR I1V=ES OF CITY;AND GRAN'T'EE HEREBY ASSURES ALL LIABIOL[TY AND RESPONSIBILITY OF CITY, ITS O d'rCERS,AGENTS,S, SER C A g S AND E H..iC 1l O E EES,FOR SUCH CH CLAIMS OR SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL L.dABEL B g AND RSPONl7IlY8E=AND SHALL Il1V9dE1rH.1'TI Y CI'T'Y FOR ANY AND ALL INJURY OR]DAMAGE TO CITY PROPERTY,ARISING OUT OF OR IN CONNECTION d'VITH ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, SERVANTS,EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,LICENSEES,INVI'T'EES OR.TRESPASSERS. 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 insurame 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 shad be not less than the following: Property damage,per occmence $100,000 P. 10 Mar =31 04 03: 2'7P Bodily injury,perperson $259,0a-0 - Bodily injury or death, per occurrence $500,000 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 revisesuch amounts 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 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 fnsurance annually to City on the anniversary date of the execution of this agreement. Grantee agrees,binds and obligates itself,its successors and assigns, to maintain and keep in force such public liability insurance at all times _ z?ring the term of t his agreement and until the removal of all encroachme s.. and the cleaning and restoration of the city streets. All insurance coverage required herein-shall include coverage of all of 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 the prior written approval of City, and any attempted assignment without such prior written approval spall be void A7., , This agreement shall be binding upon the parties hereto, their successors and assigns. 2zi;= 1 . r i'r - P. Mar 31 04 03: 27p i Cl. ShorAd f,V am-cn. . wht-ter`rel or;-se:ed- fii tavv or li7 ecliti, 2%sp out of-be terns and Bond t ors o-1-1-his am-.,meat or cut of Ihe use and occupancy of City prop-rty �-c pe;mi tees hemunder, venue for said action shall be in Tai:.rlt Cimmity, i ens. hi any action brought by City for the enforcement of the obligatiof G. tee, Ci-Lr shail be enf-zled to mcov,�: iutecst and razsomble arlameys' EMP-CU cD ihis7nra Lay of April . 2004. CI1YO FO_, ORM- Cardinal Roofing, Inc. r BY- 3UZI.DIMG OFFI 4? Roc y Pot t T,F resident Q MU Cr,-Y''ATT _ D.A Jt.1 ILift) Z),�( 3ontract Authorization Date STAT.' OF TEXAS COUAITY OF TARWIT. -BEFOREME, the undersigned authority; a Notary Public in and Forilhe,State v,; ras, on this day personally appeared ✓Vl ( ,k11own to me to be theperson fvhose name issubscribed to the f egoing insti-iinient, and'acknowledged to me that helshe executed tliesame for the urposes an col sideratia therein expressed, as the act and deed of. and in the capacity therein stated. IVE11r ZI1��ER MY XD AJVD SEAL OF OFFICE this � (lay of 201 f iiant ?Votary Pu lic in and for The State of Texas �tcsir ANGELA ESTRADA Notry �4 STATE F TEXAS MYCOM. Exp.08/21/2007 WON ,IN SEAM p. 12 Mar 31 04 03: 27p STATE OF TEXAS COUNTY OF TARRANT REP'OREW the undersignrrl authority, a Notarp,Pubu 't and For the State of Texas, on this day pgsonally appeared f `c✓ ,known to me to he thepers n whose name is subscribed to the foregoing uistrument,and acknowledged to me that he/she executed the same for Mepurposes and consid4ration therein agresse4 as the act and dead of and in the capaeuq therein stated. GIVEN UNDER WHAND RM SEAL OF OFFICE this day of Alffimt > Notary Public m and for The State of Texas �l i PAULA HA M}L70i� r Notary Public State of Texas ,2007 .E* rornm• �xP i 1 L #Y: Cr CO �z tt��.,'vai �SIG+1 j}G Sc k2-y PTwa W��7 j RF�FkG sly T \ -T, 4 y CN , C7 w 4s <-b 2P N L) U" ,A t7 o 0 e o STSG H oil u rERAPORA,W OCCU iV OF PUBIC Pi OFEERTY �oG KAORE THAN 3 DAYS 3 C,', ' OR LEaS -- Wl) m 1. x. o►�:; - �` .g� APCWMW CALL POR AN' EVt iNspgcfbry AFTFr ilk —� 1 0 AcoRQ CERTIFICATE OF LIABILITY INSURANCE 04/13/2 04 PRODUCER (817)261-1101 FAX (817)261-1120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Apex Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I4Z0 North Cooper, Suite 100 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arlington, TX 76011-5556 INSURERS AFFORDING COVERAGE NAIC# INSURED Cardinal Roa ing Inc INSURERA: National Fire 20478 2501 114th Street INSURERS: Valley Forge 20508 Grand Prairie, TX 75050-6419 INSURERC: Continental Casualty 20443 INSURERD: Transportation 20494 INSURER E: CO ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINI 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'I. rVPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVP POUCY EXPIRATION LIMITS ' DATE CMMIDD= GENERAL LIABILI'T'Y 04003230676 05/01/2003 05/01/2004 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 50,000 CLAIMS MADE �OCCUR MED EXP(Any one person) $ 51000 A X Contractual Liab. PERSONAL&ADV INJURY $ 1,000,000 N GENERAL AGGREGATE S 210001000 GEN'LAGGREGATE LIMIT APPUESPER, PRODUCTS-COM,P/OPAGG S 2,000,000 . POLICY X JECT LOC AUYOMOaILELUBIUTY 5000816368 05/01/2003 05/01/2,004 OOMBINEDSINGLELIMIT X ANY AUTO (Es acddent) S 1,000,000 ALLOWNEDAUTOS BODILY INJURY S B SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY . X NON.OWNEDAUTOS (Par accident) S PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO EA ACC S OTHER THAN , AUTO ONLY: AGG S EXCESSIUMBRELLALIABILITY CUP257315137 05/01/2003 05/01/2004 EACH OCCURRENCE S 9,000,000 X OCCUR ❑CLAIMS MADE AGGREGATE S 9,000,00 C s DEDUCTIBLE S X RETENTION S 25,00 g WOPMERS COMPENSAYION AND WC2048241503 05/01/2003 05/01/2004 X I WCSTATU- I OTH- EMPLOYERS'L,ABILTT'Y D ANY PROPRIETOR/PARTNER1EXECUTNE E.L.EACH ACCIDENT S 1,000,000 OFFICE mEM8ER EXCLUDED? E.L DISEASE-EA EMPLOYE S 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENOORStMENTI SP12CIAL PROVISIONS HE CITY OF FORT WORTH, ITS OFFICERS AND EMPLOYEES ARE LISTER AS ADDYYONAL NSURED'S APPLICABLE TO GENERAL LIABILITY, AUTOMOBILE, & UMBRELLA POLICIES. NDORSED TO INCLUDE., 401 Texas Street, Fort Worth, Texas CERTIFICATE HOLDER CANCELLAIION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Worth EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVORTO MAIL TRANSPORTATION & PUBLIC WORKS STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn, Tim Fleming MANAGEMENT SECTION BUT FAILURE TQAVftUCH N071Ce SHALL IMPOSE NO OBLIGATION OR LIABILITY 311 W. 10TH STREET OF ANY KIND AON THENisuRER,ITSAGENTS PRESFNTATNES. ' - FORT WORTH, TX 76102 - . - .. AU7HOR¢ED REPRE 0 OVA ` -" ACORD 25(2001108) FAX: (817)392-8116 ©ACORD CORPORA tON L988 200 'd OZ I I I9Z L I8 'ON add AMOV 'SNI Xddd Hid 9Z 00 N , a IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Cerdficate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) 7 `t '7'7 FT. W`-..1 . HO 'd 'SZ 11 19Z Lie 'M Xdd AONSSH 'SNI Xddd Yid 9Z U NOKA6IAWHOZ City of Fort Worth Transportation and Public Works Street Use Permit Page 1 of 1 TORTWORTHCITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS STREET USE PERMIT DATE 4/2/2004 PERMIT#52765 MAPSCO 76D D.O.E.# (i(applicable) STREET BLOCK FROM TO DATE Mon.-Fri.Time TIME TIME BEGIN END BEGIN END SAT. SUN. 1.W 13TH ST 400-500 TAYLOR ST LAMAR ST 4/5/2004 4/30/2004 24HRS TYPE OF WORK TO BE PERFORMED:Other-Fee APPROVED WORKING HOURS 6PM TO 6AM"SIDEWALK TO REMAIN OPEN BETWEEN 6AM TO 6PM"SEE ATTACHED TRAFFIC CONTROL PLAN THIS PERMIT IS GRANTED TO THE CONTRA CTORIAPPLICANT UNDER THE FOLLOWING CONDITIONS: • CONTRACTOR IS REQUIRED TO HAVE THIS PERMIT AND TRAFFIC CONTROL PLAN AT THE WORK SITE AT ALL TIMES. • THIS PERMIT IS ISSUED IN ACCORDANCE WITH AN APPROVED TRAFFIC CONTROL PLAN. • ALL WORK IS CONSTRUCTED IN ACCORDANCE WITH THE CITY OF FORT WORTH'S"STANDARD SPECIFICATIONS FOR STREETS AND STORM DRAIN CONSTRUCTION MANUAL" • ADEQUATE TRAFFIC CONTROL DEVICES ARE INSTALLED AND MAINTAINED AS SHOWN IN THE ATTACHED TRAFFIC CONTROL PLAN(TCP)SUCH AS SIGNS,STANDARD TYPE I BARRICADES SAFEGUARD THE PROPERTIES AND PUBLIC • CITY TRAFFIC ENGINEER AND/OR INSPECTORS MAY REQUIRE ADDITIONAL TRAFFIC CONTROL DEVICES • ALL DAMAGES TO PUBLIC OR PRIVATE PROPERTY,INCLUDING UNDERGROUND FACILITIES,AND FOR ALL PERSONAL INJURIES ON WORK PERFORMED UNDER THIS PERMIT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR • A 24-HOUR DECISION-MAKJNG CONTACT REPRESENTATIVE AND PHONE NUMBER IN THE EVENT OF AN EMERGENCY SHALL BE PROVIDED • IT IS UNDERSTOOD THAT VIOLATIONS OF THIS PERMIT MAY RESULT IN THE REVOCATION OF THE CONTRACTOR'S LICENSE. CARDINAL ROOFING,INC AARON LONG #1 CONTRACTOR/APPLICANT CFW CONTACT EMERGENCY CONTACT NAME CHARLES SHEPHERD 24-HOUR 972-206-2500 MOBILE PGR# FAX#972-206-2606 PHONE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STREET MANAGEMENT SECTION 311 W 10th STREET FORT WORTH,TX 76102 (817)392-6594 FAX(817)392-8941 - http://tpwoermit.cfwnet_ore/non„» nPrm;t