HomeMy WebLinkAboutContract 46939 CITY SECRETAW
CONTRACT 140.
1 'P')1 MPOR 4 R LICENSE AGREEMENT
C
Tomporwy Lkense Agreeseent ("Agree ") is entered into on this
of
µ� 2015 active ') by and between the City of fort worth, leas, a rule
municipal m of the state of T ( „ „),and Surveying And Mapping,LLC("' o y").
WHEREAS,the owns a certain piece of limperty known as Northwest Community Park and
Chishohn Ridge Park, 1 Ladina,Place, which° depicted in e
detail in E . °t A,attached hereto and isicorparatod herein all purposes(a' k'")
WWREAS,Company desires to use a portion of the Park to perform e
WHEREAS,the City has mviewed the Compny's request and agrees to riot the Cornpany use
of the Pwk in accordance with the term and °conditions of ths A#reenient.
For and in consideration of Ton Dollars ($10.00) and other good and valuabk
consideration, the suffwicncy of which is hareby acknowledged, and in consideration of the covenants
c an, follows:
I. Lima I ,Emm. City hereby raitts to the Company non-exclusive lie use the Park
surveying fbr the purpose of ose.
2. ISM The term of this Agreemou shall be for thy. ( ) consecutive days, beginning on
Ef%ctivc Deft.
to ate this Agreement; without cause, upon five ( written
notice to the Company or immediately upon a breach of this Agreement y.
j " e. This Agreement and all rights granted to o. y herein are strictly non-
exclusive. reserves the right to enter into and grant other and future licenses, losses, and
authorizations other for use of other persons ides as the City deems appropriate
accordance in lic le d, however, that in granting subsequent autho ° tion
for , the City will not allow a use that will unreasonably interfere Company's y's use of
the Park as provided herein. This Agreement does not establish any priority for the use of the
Park by Company or by any present or future licensees or other permit holders. In the event of
any disputepriority• the rst priority shall be to public generally,
the second priority to the City in the performance of its various functims, thereafter, as
between ficensees and other permit holdm as determined by the City in the exercise of its
powers,including Lice power and other powers reserved,to and conferred on it the State
ofTexas.
5. Ljjtft. Company covemnts and agrees to release City, its officers, agents, representatives,,
servants, and employees, from f_ all claims or suits for pmperty damage,
personal � e related in any way to the
r rra , or other t of los ( VIII' '
- onse n
AL RECORD loft
CITY SE, R (
. WORTH, TX
existence of this Agreement or the use and occupancy of the Park except to the extent t or
Mission CORTlaincd of is result of Fli gance or willful misconduct of City.
FurOomwre, City shall not be liable' to Company for any danmW or theft e f Company's
�y's
cquilnnent, facilities,or other contents, except when caused by the willful misconduct of City, its
agents, servants or employees-
6.
K . Company further agrees that, if during the course exercise of its
righu under this Agroarnent,damages result to the Park or City's park facilities, as determined by
the City's Director of the Parks and Community Services Departinen t or t 's designee,
Company shall repair or restore same to a condition satisfactory to the Director within thirty
ca lendar day&,unless otherwise agreed to by the parties m writing..
. MRgMffKAj=, COMPANY AGREES TO AND DOES HEREBY DEFEND,
INDEMNIFY D HARMLESS THE CITY, AND ITS OFFICERS, AGENTS,
REPRESENTATIVES, EMPLOYEES FROM AND AGAINST ANY AND ALL
U . LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDM BUT NOT LIMITED M THOSE FOR PROPERTY DAMAGE OR LOSS,
AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, THAT
Y RELATE SE OUT OF OR BE OCCASIONED BY (i) COMPANY'S USE
OF THE PARK, ( ) COMPANY'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT, OR (lid) ANY ACT OR OMISSION OF
COMPANY OR ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LATED TO THIS AGREEMENT OR
THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT,
NEWIgENCE OF:[HE,
&UNMALM501AMA' OR KWLQYEE5 QE ME Q _ ° PROVIDED
HOWEVER,THAT THE COMPANY SMALL HAVE NO LIABILITY OR OBLIGATION
TO INDEMNIFY,HOLD HARMLESS OR DEFEND WITH RESPECT TO ANY INJURY
OR DAMAGE TO PERSONS OR PROPERTY RESULTING FROM THE GROSS
NEGLIGENCE OF OFFICERS,AGENTS OR EMPLOYEES OF THE CITY.
Use. There shall equipnwnt on the Park thin 48 hours of a min event. The
Conqwvy shall bring any heavy equipment onto the including, but not limited to,
vehicles(excW for areas designated for vehicles such as parking ).
9° C2aWjjKjMwjth Laws. Company shall, at its own cost and expense, comply with all applicable
laws, including, but not limited to, existing zoning ordina,Wes, governmental rules and
re atoms enacted or prornulgated by any governmental authority and shall promptly execute
and fulfill all orders and requirements imposed:by such vern4mental entities for the correction,
Twupwwy Lkem AWvcmmt 2 of
prevention and abatement nuisances in or upon or connected with said premises because of
Company's use thereof.
10. Company shall carry insurance as set out in Exhibit B,which is attached hereto and incorporated
herein for all purpose.
11. NgliCS. All notices required or permitted under this Agreement shall be conclusively determined
to have delivered when(i)hand-delivered to the other party, its nt, employee, servant,or
representative, (°°) received by the y reliable overnight courier or United es
Mail, postage prepaid, return receipt requested, address stated below or to such other
address as out notify the other
To THE CITY: COMP .
Director a Michael Medina
Parks and Community Services Surveying And Mapping,
City of Fort Worth 7 10 1 Envoy Court
4200 South Freeway, Ste 2200 Dallas, 75247
Fort Worth,,T°e� 76115
With a copy toe
Department of Law
City of Fort Worth
AM: City Attorney.
1000 Throckinorton
Fort Worth,Texas 76102
. Company shall be solely responsible for initiating, maintaining, and supervising
all safety precautiom and programs °m connection Company's use of the Park.
13. Hazandous Materjals. Under no circumstances wil o y use or cause to be used on the
Park any hazardous or toxic stances or materials, or intentionally or knowingly store or
dispose of any such substances or materials on the Park.
14. fQlQr,M4jM e° If i unable, either in 1 or part,to fulfill its obligations under this
Agreement due to acts of CToA- strikes, lockouts, or other industrial disturbances; is of public
enemies; 9 blockades; insurrections; g epidemics; public health crises; earthquakes; fires;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the
United States or of any state; declaration of a state of disaster or of emergency by the federal,
county, or City government in accordance with applicable law; issu ance of an Imminent
Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or
y equivalent alert system that may be instituted by any agency of e United S any arrests
and restraints; civil disturbances-, or explosions; or some other reason beyond the party's
Tefr4mwwy Liccm Agroommt 3 of a
reasonable control (collectively, "Force Majleure Fvenf% the obligations so affected by swh
Force MaJeure Event will be suspended only during continuance of such event. If a Force
Mapure Event curs, the City Ym °m its sole discretion, close or postpone the opening of its
comirminity centers, parks, or other City-owned and operated properties and facilities in the
interest of public safety and operate them as the City sees fit.
0. V Agreement shall va d construed ' accordance with
the s of the State of'Teas ti on, whether real or asserted, at law or in equity, arises
on the basis of any provision. of this Agreement, venue shall he in state courts
located in Tarrant County, Texas or the United States District Court for the Northern, District of
"I Division.
16. Diffift Efto. The terms and provisiorts oft this Agreement sWl inure to the benefit of and be
binding upon City and Company their respective successors and assigns and shall l e
covesumts running with the .
1 . EntkS Agmsmgd. A: contains all of the agreements between the parties respecting
the subject eof, and no prior representations or statements, verbal or written, have
made mods"g, adkiing to,or changing the terms of this instrument.
iv of l JUDMWft. Nothing herein shall be deemed to limit or waive sovereign or
governmental immunity of i or Company.
19. Azi gpmqg. Agreement, in o or in , is not assignableby either , without the
express `tten consent of the other party. Any attempt to assign tha Agreement without the
required consent is without force and effect.
By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
contained herein. i
CITY OF FORT WORTH: � , ' SURVEYING AND MAPPING,LLC
Ya P .
...
Name:c,
f— n
Tide:e ..�..... _ Title: _°.. r� �r
t a 1 _.. _.....
0
I
TenWamy Licmw Agronomf II OFFICIAL
'lllllll ',MI�N�i � E O " I,I') 4 of
SECRETARY
FT.WORTH�TX
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wallach
Assistant City Attorney
ATTESTED
�7j �t,
Mar
City er So,»a�m0�ptin�ua
Contract Authorization: w�
N/o M C Required
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Exhibit 3
Insurance
1.01 Lha to Company any shall ensure that a policy or policies of insurance are
procured maintained all times, in full force and "ect, to provi.de coverage of the types and
amounts specified bacin,nwrang the City as an additional.: rang insured and covering all public risks related to
the use, occupancy, condition, nnaintenance, existence, or location of the Park. The insurance required
hereunder may be met by a combination of self-insurance and primary excess policies.
1.02 °L es A of ov 99 fired.
a. o vial Cieneral L,iabilaity;
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
Ow following.- (i) Premises Liability; (ii) independent contractors; i..
products/convIeted operations; (iv) personal in) ; (v) contractual liability; ( i)
explosion, collapse.,and underground property damage
b. Emmft Damage L,iabiliaie
(1) $1,000,000.00 per occurrence
C. 11=_ relb Rg icy
1) $5,000,000.00
OL n-v ro I a° t 1,iabili ( ll�) or Pollution L iability
1) $2,000,NO per occurrence
( ) $5,000,000 aggregate
Auto, bile Liability.
(1) $1,000,000.00 per accident, including, but not limited to, all owned, leased,
hired,or non-owned motor vehicles used in conjunction with the rights tented under this
License
or -r°s Cg sation.
(1) As required by law
fMV19M's Li ,bill
(1) ,000,000.00 per accident
1.03 Rujaim to Rumimd Comm. At the reasonable recommendation oft the City's Risk Manager,
the City may at any time insurance coverage requirements and limits required by this License.
Company agrees that within t (1 ) days of receipt of written notice from the City, all such revisions
requested by the City will be implemented. The policy or policies of insurance shall be endorsed. to
p "&that no material changes in coverage, including, t YxA limited to, cancellation, termination,non-
rencwal,or amendinent,shall be made without thirty(30)days'prior written notice the City.
T, L=m AgmamM 7 of 3
1.04 Underwriters Certificates. Com,pany shall ensure that insurance is procured and maintained
with underwriters who are authorized to do business °m the State of Texas are reasonably
acceptable solvency and financial strength. Within ten (1 ) business days
following execution of this License, Company shall ensure that City is. fuarnished with certificates of
insurance signed by the,respective companies as f that e types and amounts of insurance coverage
required in have been obtained. In addition, Company shall, on demand, p vide the City with
evidence that it has maintained such coverage in full force ancl effect.
1.05 Deductible or self-insured retentions. limits on y line of coverage required herein.
exceed shall not 5tlill, 0. the bate unless the limit per occurrence or per line of
coverage, aggregate °a otherwise approved by the City.
1.06 NQ ti o ility. The insurance requirements set forth section recovery
by the City of any sure by reason of any insurance policy required is License shall in no way be
conshmed or affected to limit or in y way affect Company's liability ility the i or other persons as
provided by this Agreement or law.
of
w Surveying And Mapping,LLC
� 7101 Huey Court,lJallas,l°a s 75247
W JIM C7fc 214.631.76136 Fax 214,631 7103
in fe sarn,biz vvwvv.srarn,biz , Firm#101064.3 70
TRANSMITTAL MEMO
DELIVERY METHOD DATE: August 7,2015
Courier Department..... Attn:City ,....,.
T0: of L Attorney
please Clyde
ihr 2 r 4hr Same bay COMPANY: City of Fort Worth
U.S.Mail ADDRESS: 1000 Throokmorton
,-..........
.,_.,,... ,.
Ovemight CITY/STATE: Fort Worth,Texas ZIP: 76102
_.. .........._.............
__
❑Other- PHONE: (817)392-7600
PROJECT NAME: FM 156 from US 81/287 to Watauga Rd
PROJECT NO.: 1015035812A
D.
1 Signed Temporary License Agreement for Right-of-Entry
THESE ARE TRANSMITTED AS CHECKED BELOW:
❑For Approval ❑Approved as submitted For your use Approved as noted
❑As requested ❑Returned for corrections For review and comment
Other-
111-1111----.. _.......... ...... ........ .... ..,.,.......,, „.,
COMMENTS:
Name: M. Medina
Signed: *Please notify us i enclosures are net received as listed
-, ..-,_._...� ..... ........... ..11....11 ...-.... ..............
SURVEYING AND MAPPING,LLC(SAM)
7101ENVOY COURT,DALLAS,7X 75247 PHONE 214.631.7888 I FAX 214.631.7103 I W : ..,.6.1