HomeMy WebLinkAboutContract 47383 CITY SECRETAW
CONTRACT
TEMPORARY LICENSE AGREEMENT
This Temporary License Agreement ("Agreement") is entered into on this off„
s��2015 («Effective Date ) by and between the City of Fort Worth, Texas, ahome-rule
municipal corporation of the State of Texas ("City"), and The Rios Group, Inc., a Texas corporation
("Company").
WHEREAS, the City owns a certain piece of property known as Trinity Park, located at 2401
University Park Drive, Fort Worth, Texas 76107("Park");
WHEREAS, Company desires to use a portion of the Park to access and perform vacuum
excavation to locate existing utilities for a proposed City sanitary sewer line rehabilitation project within
the Park; and
WHEREAS, the City has reviewed the Company's request and agrees to grant the Company use
of the Park in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties
agree as follows:
1. License and Purpose. City hereby grants to the Company a non-exclusive license to access ands:
use two areas of the Park for the purpose of performing vacuum excavation to locate existing
utilities for a proposed sanitary sewer line rehabilitation project within the Park and for no other
purpose. The specific location of the licensed premises is depicted in more detail in Exhibit A,
which is attached hereto and incorporated herein for all purposes("Licensed Premises").
2. License Fee. Contemporaneously with executing this Agreement, the Company shall deliver to
the office of the City's Park and Recreation Department, 4200 South Freeway, Suite 2200, Fort
Worth, Texas, 76115, payment of a license fee of$10.00 as compensation for the rights and
privileges granted under this Agreement.
3. Term. The term of this Agreement shall be for thirty (30) consecutive days, beginning on the
Effective Date.
4. Termination. The City may terminate this Agreement, without cause, upon five (5) days written
notice to the Company or immediately upon a breach of this Agreement by the Company.
5. Use not Exclusive. This Agreement and all rights granted to Company herein are strictly non-
exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and
other authorizations for use of the Park to other persons and entities as the City deems appropriate
in accordance with applicable law; provided, however, that in granting subsequent authorization
for use, the City will not allow a use that will unreasonably interfere with the Company's use of
the Park as provided herein. This Agreement does'not establish any"pi"ority for the use of the
Temporary License Agreements "S'ECRETrARY 1of10
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Park by Company or by any present or future licensees or other permit holders. In the event of
any dispute as to the priority of use of the Park, the first priority shall be to the public generally,
the second priority to the City in the performance of its various functions, and thereafter, as
between licensees and other permit holders, as determined by the City in the exercise of its
powers, including the police power and other powers reserved to and conferred on it by the State
of Texas.
6. Liability. Company covenants and agrees to release City, its officers, agents, representatives,
servants, and employees, from and against any and all claims or suits for property damage,
personal injury, or any other type of loss or adverse consequence related in any way to the
existence of this Agreement or the use and occupancy of the Park and Licensed Premises, except
to the extent such act or omission complained of is the result of the gross negligence or willful
misconduct of City. Furthermore, City shall not be liable to Company for any damage or theft of
Company's equipment, facilities, or other contents, except when caused by the willful misconduct
of City, its agents, servants or employees.
7. Preconstruction Meeting. Company shall attend a pre-construction meeting with the Director at
least two (2) business days prior to initiating any activities on the Licensed Premises (including,
but not limited to, any vacuum work). The pre-construction meeting shall be for purposes of
outlining Company's plans and schedules regarding: (i) mobilization and access to the Licensed
Premises, (ii) minimizing impact on vegetation and the Park in general, and(iii)restoration of all
affected parkland and amenities.
8. Minimizing Impact to Vegetation.
a. Company shall not cut or remove any trees on the Licensed Premises or the Park. To
minimize damage during the vacuum excavation process, Company shall install orange
mesh fencing on the outside drip line of trees and other vegetation specifically identified
by the Director of the City's Park and Recreation Department or that person's designee
("Director") at the above-referenced pre-construction meeting. Company shall notify the
Director once the tree and vegetation protection measures have been installed and allow
the Director an opportunity to inspect the work before any work begins. The City shall
have at least two (2) business days following the date on which notice is received to
conduct its inspection. The Company may begin its vacuum excavation process on or
after the second (2nd) business day following the date on which it provided notice to the
City unless the City contacts the Company and identifies specific issues that render the
tree and vegetation protection measures unacceptable.
b. Company shall ensure that tree protection fencing remains in place throughout the
License Period. If any tree within the Park is damaged in connection with Company's
Temporary License Agreement 2 of 10
operations, Company agrees to undertake remediation efforts, including paying of
remediation costs as set forth by the Director. Any fencing shall remain in place until
such time as the Licensed Premises are restored pursuant to the terms of this Agreement.
9. Restoration of the Park. Company further agrees that, if during the course of the exercise of its
rights under this Agreement, damages result to the Park, Licensed Premises, or City's park
facilities, as determined by the Director, Company shall repair or restore same to a condition
satisfactory to the Director within thirty (30) calendar days, unless otherwise agreed to by the
parties in writing..
10. INDEMNIFICATION. COMPANY AGREES TO AND DOES HEREBY DEFEND,
INDEMNIFY AND HOLD HARMLESS THE CITY, AND ITS OFFICERS, AGENTS,
REPRESENTATIVES, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY HIND,
INCLUDING, BUT NOT LIMITED TO,THOSE FOR PROPERTY DAMAGE OR LOSS,
AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, THAT
MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) COMPANY'S USE
OF THE PARK AND LICENSED PREMISES, (ii) COMPANY'S BREACH OF ANY OF
THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR (iii) ANY ACT OR
OMISSION OF COMPANY OR ITS OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS, RELATED TO THIS
AGREEMENT OR THE PERFORMANCE OR NONPERFORMANCE OF THIS
AGREEMENT, WHETHER OR NOT CAUSED IN PART BY THE NEGLIGENCE OF
THE OFFICERS, AGENTS, REPRESENTATIVES, OR EMPLOYEES OF THE CITY;
PROVIDED HOWEVER, THAT THE COMPANY SHALL 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.
11. Limitation on Use. There shall be no equipment on the Licensed Premises or Park within 48
hours of a rain event. The Company shall not bring any heavy equipment onto the Licensed
Premises or Park, including, but not limited to, vehicles (except for areas designated for vehicles
such as parking lots).
12. Compliance with Laws. Company shall, at its own cost and expense, comply with all applicable
laws, including, but not limited to, existing zoning ordinances, governmental rules and
regulations enacted or promulgated by any governmental authority and shall promptly execute
and fulfill all orders and requirements imposed by such governmental entities for the correction,
Temporary License Agreement 3 of 10
prevention and abatement of nuisances in or upon or connected with said premises because of
Company's use thereof.
13. Insurance. Company shall carry insurance as set out in Exhibit B, which is attached hereto and
incorporated herein for all purpose.
14. Notice. All notices required or permitted under this Agreement shall be conclusively determined
to have been delivered when(i)hand-delivered to the other party, its agent, employee, servant, or
representative, or (ii) received by the other party by reliable overnight courier or United States
Mail, postage prepaid, return receipt requested, at the address stated below or to such other
address as one party may from time to time notify the other in writing.
To THE CITY: To COMPANY:
Director Attn: Rosa Navejar
Park and Recreation Department The Rios Group, Inc.
City of Fort Worth 7400 Sand Street
4200 South Freeway, Suite 2200 Fort Worth,Texas 76118
Fort Worth, Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth, Texas 76102
15. Public Safety. Company shall be solely responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with the Company's use of the Park and
Licensed Premises.
16. Hazardous Materials. Under no circumstances will the Company use or cause to be used on the
Park and Licensed Premises any hazardous or toxic substances or materials, or intentionally or
knowingly store or dispose of any such substances or materials on the Park or Licensed Premises.
17. Force Majeure. If either party is unable, either in whole or part,to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; wars; blockades; insurrections; riots; 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,
state, county, or City government in accordance with applicable law; issuance of an Imminent
Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or
any equivalent alert system that may be instituted by any agency of the United States; any arrests
Temporary License Agreement 4 of 10
and restraints; civil disturbances; or explosions; or some other reason beyond the party's
reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such
Force Majeure Event will be suspended only during the continuance of such event. If a Force
Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community 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.
18. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises
on the basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas-Fort Worth Division.
19. Binding Effect.ffect. The terms and provisions of this Agreement shall inure to the benefit of and be
binding upon City and Company and their respective successors and assigns and shall be
covenants running with the land.
20. Entire Agreement. This Agreement contains all of the agreements between the parties respecting
the subject matter hereof, and no prior representations or statements, verbal or written, have been
made modifying, adding to, or changing the terms of this instrument.
21. No Waiver of Immunity. Nothing herein shall be deemed to limit or waive the sovereign or
governmental immunity of City or Company.
22. Assignment. This Agreement, in whole or in part, is not assignable by either party, without the
express written consent of the other party. Any attempt to assign this Agreement without the
required consent is void and without force and effect.
By executing this Agreement, Company agrees to and accepts the terms, conditions and provision
contained herein.
CITY OF. WORTH: THE RIOS GROUP,INC.
EO• T WOR
By. ...-� .�° By. (w.
Su an Alanls Rosa Nav
ejar
Assistant City Manager
�
President
Date: C Date: 12/7/15
t
Temporary License Agreement 7 c `"+N mr r` 5 of 10
APPROVED AS TO FORM
AND LEGALITY: "
Tyler F. a la61r
Assistant City A rney
ATTESTED- N,
a K
Y
City Se ,t
Contract Authorization: A '
No M&C Required
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Temporary License Agreement 6 of 10
Exhibit A
Licensed Premises
For access to Area 1 The contractor shall enter front
p Old University Road to Trinity Park Court. The access
is approximately 2,591 feet from University Drive. performilig WftC444d&4�
r excava tiot1 wftt1�fV
F�11ii5 at the t1l"tt0
W 14pti! ` tt 01 by 20' area N, }
916uR7OX. � I
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Temporary License Agreement 7 of 10
AFT
fl r � ��
f!l!0,
,-!0, r , ', r�,l For acces to Areas 2&3-The Contractor shah enter from y,
...r.!@._....:.. ...�rl... 1
The Li<t�;nse d Premises for ���� 7'M Street onto Museum Way to Trinity Park Drive to
Trinity Park Court to River Park Drive. The access is
p orfo ri��lc�g vacuum rn
excavation within Approximately 5645 feet from 7 Street entrance to the
begh i s at the end of the � Park
access point and consfitutes
a represented
ry i f
�T'he Liens p..�r�
"tor Ila rfornring vaCUUrn i a
atcavtuoia within Airea
r=,atptartes a 0'x2t area
epiresented by U,ie box.
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Temporary License Agreement 8 of 10
Exhibit B
Insurance
1.01 Du 1y to Acquire and Maintain. Company shall ensure that a policy or policies of insurance are
procured and maintained at all times, in full force and effect, to provide coverage of the types and
amounts specified herein, naming the City as an additional insured as set forth herein, and covering all
public risks related to the use, occupancy, condition, maintenance, existence, or location of the Licensed
Premises. The insurance required hereunder may be met by a combination of self-insurance and primary
and excess policies.
1.02 Types and Amounts of Coverage Required
a. Commercial General Liability:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
the following: (i) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse, and underground property damage
b. Property Damage Liability:
(1) $1,000,000.00 per occurrence
C. Umbrella Policy
(1) $5,000,000.00
d. Environmental Impairment Liability(EIL)&Pollution Liability
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liability:
(1) $1,000,000.00 Each accident on a combined single-limit basis
£ Worker's Compensation:
(1) As required by law
g. Employer's Liability:
(1) $1,000,000.00 per accident
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager,
the City may at any time revise insurance coverage requirements and limits required by this License.
Company agrees that within ten (10) 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
provide that no material changes in coverage, including, but not limited to, cancellation,termination,non-
renewal, or amendment, shall be made without thirty(30)days' prior written notice to the City.
Temporary License Agreement 9 of to
1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do
business in the State of Texas. Except for workers' compensation, all insurers must have a minimum
rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that required, prior
written approval of the City's Risk Management Division is required. Within ten (10) business days
following execution of this License, Company shall ensure that City is furnished with certificates of
insurance signed by the respective companies as proof that the types and amounts of insurance coverage
required herein have been obtained. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $25,000.00 in the annual aggregate unless the limit per occurrence or per line of
coverage, or aggregate is otherwise approved by the City.
1.06 No Limitation of Liability. The insurance requirements set forth in this section and any recovery
by the City of any sum by reason of any insurance policy required under this License shall in no way be
construed or affected to limit or in any way affect Company's liability to the City or other persons as
provided by this Agreement or law.
1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage limits,
an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow
form of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on the Automobile and Commercial General Liability policies.
1.09 Waiver of Subro ag tion. The insurance shall include a waiver of rights of recovery (subrogation)
in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without expense,
to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations, or exclusions in order to
comply with the requirements of this Agreement except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
1.11 Certificate of Insurance. Company shall submit to the City a certificate of insurance evidencing
all required insurance coverage and any applicable endorsements.
Temporary License Agreement 10 of 10
® DATE(MMIDDIYYYY)
ACQRD CERTIFICATE OF LIABILITY INSURANCE
�,-,.�• 11/6/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed, 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).
PRODUCER CONTACT Linda Helms
NAME:
First Texas Insurance Services, LC AHCNNo Ext: (817)275-2626 FAC No: (817)275-2661
700 Highlander Blvd, Ste 350 E-MAILss:linda.helms @firsttex.com
ADDRE
INSURER(S)AFFORDING COVERAGE NAIC
Arlington TX 76015 INSURERA:Hartford Accident and Indemnity 22357
INSURED INSURERB:Sentinel Insurance Company, Ltd 11000
The Rios Group, Inc. INSURERC:Hartford Casualty Insurance Company 29424
7400 Sand Street INSURERD:Hartford Underwriters Insurance 30104
INSURERE:Continental Casualty ComnpanV 120443
Fort Worth TX 76118 INSURERF:
COVERAGES CERTIFICATE NUMBER:CL1581110492 REVISION NUMBER:
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.
INSR TYPE OF INSURANCE ADD SUER POLICY NUMBER MMIDDIYYYY POLICY LIMITS
LTR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A CLAIMS-MADE OCCUR PREM SES Ea occurs nce $ 300,000
46UUNPB9359 8/14/2015 8/14/2016 MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,006j 000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,OOO
PPOLICY I�� r_1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY Ea accidentSl E T $ 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
B ALL OWNED SCHEDULED
AUTOS AUTOS 46UUNPB9359 8/14/2015 8/14/2016 BODILY INJURY(Per accident) $
NON-OWNED P(ReOPERTYtDAMAGE $
HIREDAUTOS AUTOS
X UMBRELLA LIAB X I OCCUR EACH OCCURRENCE $ 10,000,000
C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10 000,000
DED X I RETENTION$ 10;000 46XHUPB9254 8/14/2015 8/14/2016 $
WORKERS COMPENSATION X
AND EMPLOYERS'LIABILITY STATUTE ER
Y 1 N
ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000
OFFICERIMEMBEREXCLUDED? N/A
D (Mandatory in NH) 46WEAF8877 8/14/2015 8/14/2016 E.L.DISEASE-EA EMPLOYEd$ 1,006;600
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000 .A00
E Professional E & 0 LSH288382434 8/14/2015 8/14/2016 Each Claim/Aggregate 5,000,,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Parks and Community Services ACCORDANCE WITH THE POLICY PROVISIONS.
4200 South Freeway, Ste 2200
Fort Worth, TX 76115 AUTHORIZED REPRESENTATIVE
Trey Dacy/LH !
O 1988-2014 ACORD CORPORATION. All rights reseived.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
NS025(201401)