HomeMy WebLinkAboutContract 26543 r
CON SECRETARY� 5
CONSENT AGREEMENTRACT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARR.ANT
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 Building
Official, herinafter referred to as the "City"' anci
The Frymire Company
acting by and through its duly authorized
hereinafter referred to as
"Grantee".
WITNESSETH:
1.
For and in consideration of the payment by Grantee 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 of
the space under, on and/or above the streets, alleys, sidewalks or other
p ih i rightts-of-way as follows:
1L 10 cfin$al feet x 10 ' wide plus 150 lineal feet of taper of Crestline
Road extending from approximately the 4300 block to the 450
1�pl �c etn
CA;MUSH
x!119 ML
e
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
the directions of the Building Official and the Director of Transportation
and Public Works of City.
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
Street $0.02 x270 x 10 x153 days = 8
Street taper $0.02x150 x 5 x153 days = $2, 5.00
$ ,557.00
y�� x • da x ts3 = sof clo V. 00
. 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.
6.
3 �
The term of this agreement shall be for 153 days, from 1-
-7.7-,0c
to provided, however, should the need for the encroachments
granted hereunder at any time cease, 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.
3
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.
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-,vay 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 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
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.
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
5
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 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 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 statute,
lav or regulation.
6
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.
14.
Grantee covenants and agrees to indemnify,, and does hereby
indemnify, 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, 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 caused, in. .
whole or in part, by alleged negligence of officers, agents, servants,
7
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,
licensees, invitees 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 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
Bodily injury, per person $250,000
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
revise such 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
8
Certificate of Insurance 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
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 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 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.
9
~ 2001 .
EXECUTED This .end day of January Mo.
GRANTOR: GRANTEE:
CITY OF FORT WORT The Frymire Company
BY:
BUILDING OF ICIAL G.L. Frym i re
APPRO D TO FO M AND LEGALITY: President
TITLE
/1
CITY ATTORAY DATE: Z' 2- 7-D I
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CITY SECRETARY DATE:-
Contract Authorization
Date
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
Fie ate o Texas, on this day personally appeared
tic w F '24 ,known to me to be the person whose
name is subscribed to the oregoing instrument, and acknowledged to file
that he/she executed the sante for the purposes and coigideration,tlrrein
expressed, as the act and deed of A s s61,'1-1 cl'
and in the capacity therein stated
ff VE N UNDER W HAND AND SEAL OF OFFICE this (lay
of 20 .
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Aflant
'ED&4(1-1-
NITA JOYCE JEFFERSON
Notary PubIICQ L, ,
State Of Texas ,
MM, Expires 06.28-2003 No�ry trblic!1t an for
The State of Texas
11
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of TevYas, on this day personally appeared
G.L. Frymi re ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that helshe executed the same for the purposes and consideration therein
expressed, as the act and deed of The Frymi re Company ,
and in the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day
Of January 20-11—
Ajfiallt G. L. Fr re
preglHopt
Title
Il'otar},Public in id for
The State of Texas
000000000000c�00000
---"�' KIMBERLY ANN ROBERTSON
Notary Public.State of Texas
x My Commission Fxp.09 30 2001
f:'? (Yc 00O000 0000000000000000000
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F-
ACGREL CERTIFICATE OF LIABILITY INSURANCEOMTE zoos
PRODUCER (214)691-5721 FAX (214)691-4961 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
K i S Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Southwest Assurance Group, Inc ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW.
9400 N Central Expwy. , #950 INSURERS AFFORDING COVERAGE
Dallas, TX 75231-5044
INSURED Frymire Company, The *4SURERA.. West American Insurance Co.
G. L. Frywi re NII Wife, Barbara r suRER E Amri can Fire & Casualty
3000 Shotts INSURER Ohio Casualty Insurance Co.
Fort Worth, TX 76107 INSURER D: Awrican National Fire Ins. Co
INSURER E:-
COVERAGES
:COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDMG
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAW,THE NMAWiCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS.
rA
TYPE OF*914)RANCE POLICY"MomLam
GENERAL LUBILITY (00)52634365 12/31/2000 12/31/2001 EACH oaxRREHcE s 1,000,000MCO �IEiCfALGENERALUA BIUTY FIRE DAMAGE(Any Orr as) S 100,0001
CLAMS MADE M•OCCUR MED EXP Wry mw pmemi) S 5 00 X AOy Lent Per Proj ec PERSONAL a ADV INJURY $ I,0__0_0'00(
GENERAL AGGREGATE $ 2,000,00(
Gam AGGREGATE uwr APPLIES PER: PROOU CTS-COMPXP AGG S 2,000,00(
POLICY LOC
AUTOMOBILE LIABILITY (00)52634365 12/31/2000 12/31/2001 COMBINIED SO4OLE LIMIT
X ANY AUTO Es_Cwwo $ 1,000,000
ALL OY04M AUTOS BOOLY INJURY
SCHEDU IM AUTOS (P-pffl— i
B
HIRED AUTOS
BQOEY NN.AIRY f
NON-OWNED AUTOS (P_
PROPERTY DAMAGE $
[7ELIABILITY AUPO ONLY-EA ACC1T i
AUTO OTHER THAN EA ACC S
AUTO ONLY. AM S
EXCESS I„IAISMLITY 0(00)52634365 12/31/2000 12/31/2001 EACHoccuRRENcE s 5,000,000
OCCUR 1�CLAIMS MADE AGGREGATE $ 5,000,00
C $
DEDUCTIBLE s
RETENTION S S
WORKER$COMPENSATION AMD (00)52634365 12/31/1999 12/31/2000 TORY TUMITS ER
ATu-
EMPLOYERS'LUBLMY
EL EACH ACCIDENT s 1,000,00(
A EL DISEASE-EA EMPL $ 1,000�00
EL DISEASE.POLICY uwr s 1,000,00(
oT►iddveers Risk-All Risk M167819611 09/31/2000 09/31/2001 Each Job Site-510,000,000
D uAll Job Sites -$12,000,000
Temp Loc/Transit -$50,000
DESCRIPTION OF OP17tAT mw.00ATI tN1";rIK:LESlE1( U810Na ADDED BY ENDORSEMENTl3PECYL PROVts1011E
ndorse to Include-Crestline Road, Fort Worth, Texas
ity of Fort Worth/Randy Burkett is Additional Insured on General Liability, Auto Liability and
rella Liability if contractually required.
CERTIFICATE HOLDER ADDMT ONAL INSURED,INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAUL
City of Fort Worth 30 DAYS WRITTEII NOTICE TO THE CERTIFICATE HOMM NAMED TO THE LEFT,
Randy Burkett BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LU N ITY
1000 Th rockmorton OF ANY KIND UPON THE COMPANY,RS AGENTS OR REPRESENTATMVES.
Fort Worth, TX 76102 AUTHORi�DREPRESENTATWE (��
David Oxford LIES 4�/
ACORD 25S(7197) CACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(iss)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 Certificate 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, wdend or alter the coverage afforded by the policies listed thereon.
ACORD 26.3(7197)