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HomeMy WebLinkAboutContract 25984 SUV l `.Ci-I f Vv v � 06-15-00A10 :52 RCVD CITY SECRETARY CONSENT AGREEMENT CONTRACT NO. 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 its duly authorized Building Official, herinafter referred to as the "City"' and BPL Property Management, Inc. acting by and through its duly authorized vice President, James G. Lewis , 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 public rights-of-way as follows: Street space for 30-yard dumpster east of intersection of 6th Street and Throckmorton, more commonly known as 210 W 6th Street, Fort Worth, Texas, to remove March 28 , 2000 tornado damaged carpet. 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 'I e is minimum fee of $120 . 00 . 4ie y,�,/Io Z> I l!U li ENM EN ;PY 2 L'J�,�'r-'I'G�I 1 7 Ve 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. The term of this agreement shall be for 20 days, from 6Z14/2000 to 3 2 0 Oprovided, 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. � v �u 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-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 existirfg5�'-X;,,„ �sUu�L4' G�[����M specifications, and Grantee shall remove all barricades, equipme supplies, materials or other property from said location. Grantee 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 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, law or regulation. EJ)FF�-�Ak G��C,0V02DD CC STV�E(rG?M E 11 6 !, IV��)CifHI F�"' 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, U �C LU 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 it a simi C (W`Nv� 'M MCHRIUV f Cy<<,)t.m ma. 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. ell, (ICON© ,r �.V a��� � 1�� u 9 EXECUTED ThisL 8th day of June , 2000. GRANTOR: GRANTEE: CITY OF FORT WORTH BPL Property Management, Inc. BY: d BY: BUILDING FFIC AL4 �� �� Jame G. Lewis APPROti'E71T`0 r lvvjl AND LEGALITY: vice President TITLE CITY ATTORNEY DATE: CITY ECRETARY DATE: r Contract Aut}1orizatiOn Date RECORD STATE OF TEXAS COUNTY OF TARRANT BEFOREME, the undersigned authority, a Notary Public in and For t r 1 State qofl T/eJ;-as, orr ris day personally appeared r' ,known to rile to be the person whose name is subscribed to the foregoing instrument, and acknowledged to rile that he/she executed the same for t11e ur ses and on er tion therein expressed, as the act and deed of P +� Y, and in the capacity therein stated. UNDER MY HAND AND SEAL OF OFFICE this day Of o Affrant KNOTARY RENDA J.NUNN PUBLIC ATE OF TEXAS Notary Public n andf rmission Expires 7-10-2001 The State of Texas 11 111- �F✓4L'_��UUg Ultil�4je STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and For the State of Texas, on this day personally appeared James G. Lewis ,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 BPL Property Management, Inc. and in the capacity therein stated GI VEN UNDER MY HAND AND SEAL OF OFFICE th is 8th day of June 20-LO—. 0 9"Lt": Affiant James G. Lewis Vice President Title BPL Property Management, Inc. Li � C�. L• .,G.p,-L No ary Public in and for The State of Texas MARTHA A. ONGLEY NQTARY PUBLIC t4ir State of Texas Comm. Exp. 11-30-2000 12 E,EC0QD GXR ( b IT .................................. ............ ............ .:.:.o............................... 0 06/07/0 ............... A C . ............ ........... ............................... ........................ ...... ................................... . .................................. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE American Insurance Agcy, Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7200 W. I . - 20 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 170059 COMPANIES AFFORDING COVERAGE Arlington, TX 76003 COMPANY ACGU INSURANCE COMPANIES INSURED COMPANY BPL Property Management Inc . B Bob R. Barnard, Individual COMPANY 210 West 6th Street, Ste 302 C Fort Worth, TX 76102 COMPANY D ......... .............................. ... ... ,. ............. ........................ ..... ..... ......... .............................. ....... ........ .................................. ................ .......................... ........................... ..................... ..................................... -:!. ........................ ........... .......... ...................... ...... X. .. ........ ... ...................... ......................... ...... .... ................. ........... ............. .......... ... ... .. w:...... .................. ....... .... ... ................. ............ ......-.......... ...... . . .. ........ ................ ........... .................. ........ ..................... .....I....... 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, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 200000C A X COMMERCIAL GENERAL LIABILITY GRR675349 02/01/00 02/01/01 PRODUCTS-COMP/OP AGG $ 200000C —1 CLAIMS MADE FRIOCCUR PERSONAL&ADV INJURY $ 100000C OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 100000C FIRE DAMAGE(Any one fire) $ 50000 IVIED EXP(Any one person) $ 5000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accidenU PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WC - JOTH- WORKERS COMPENSATION AND TO LIMITSTATUS ER_ EMPLOYERS'LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/E)(ECUTIrVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PROOF OF COVERAGE FOR TEMPORARY USE OF PUBLIC PROPERTY ON 6TH STREET FOR PLACING OF A 30 YARD ROLL DUMPSTER. ................... ...... ............. - ........... . .. ..... ....... ................... 4'. ..... -10.M- ........................ ............*-- ... ........... ....... EXHIBIT ................. ..................... ........... LUE SHOULD ANY OF THE ABOV DEi6RIWIP21jr=,,,�� C D BEFORE THE EXPIRATION DATE THEREOF TH LL DEAVOR TO MAIL CITY OF FORT WORTH DAYS WRITTEN NOTICE''T ED TO THE LEFT, 1000 THROCKMORTON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY FORT WORTH, TX 7610 C OF "r--Mw/UPON THEA COMPJqNV% ITS AGENTS OR REPRESENTATIVES. AUTHORI R SENTATIV ............................. ............................... . .... . . ........X . ... . .... ....... . ... .. . ....... . ..... ...... ... .......... . .. ..... . .......... . ....... ............ ................................ . .... ........... ............................. ................................. ....... .... ...... iiii.. ............ . .... ...... ... . .......... . .......... CXH1P3 (7 "� �► I W � 1 1 7� 3/ao 001a • m r 4' O ' K^TT( K►N (4ti,sk4,4 ItoRu 1Dln x x I I o _ X v h11�y Ste' Z' PA iL v\c- cn co of 3 T Oh' _ _ - -- - _ �- - Du STon APPLICANT APPLICANT CALL FOR AND RECEIVE I�`1SPfC110N �� ALL�R4PRIATE BARRIERS OR O j• E EXHIBIT 13