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HomeMy WebLinkAboutContract 47469 '11 1t'SECRETA x 2� �� ACT RIO. /7 WORI,REQUEST AND RELEASE OF LIABILITY HOLD HAR.PVIL i+SS AND INDEMNIFICATION AGREEMENT FOR WORK WJTE F\T A CITY(EASEMENT,RIGHT-OF-WAY OR PARKWAY WHEREAS, The City of Fort Worth, ("City") desires to have removed from certain property located at 2600 block of E. Long Avenue ("Property"), the railroad tracks located in or under the existing right-of-way,as described,below, ("Work");and WHEREAS, City has agreed to engage a contractor, Billy Heath D/B/A Railroad Construction Company, duly authorized to perform work within the City's easements,rights-of way,parkways or other public spaces,to perform the Work; and WHEREAS, the Work is described as follows: removal of existing railroad tracks, crossties, other track material, and all associated debris located within the right-of-way on a portion of 2600 block of E. Long Avenue as shown on Exhibit"A"attached herein, hauling off all debris, adding and compacting crushed stone to 6" of pavement surface. Contractor shall be responsible for disposal of all crossties at a permitted sanitary landfill and provide documented to the city if requested,and approval of the project by TPW/Street Services Inspector; and WHEREAS,the City has been granted the right to remove and convey said railroad tracks. NOW,THEREFORE,City and Contractor agree as follows: 1. Contractor shall follow all appropriate City specifications and guidelines for performance of the Work. 2. Contractor shall be currently licensed by the City's Transportation and Public Works Department, which includes providing insurance guaranteeing the faithful performance and durability of the Work as described in the license application. 3. Contractor agrees to indemnify and hold harmless the City, its officers,agents, contractors and employees and any person or entity connected with or in privity with them from any and all costs, charges, claims demands, losses, damages, causes of action, suits and liabilities of any kind, including the expenses of litigation, court costs and attorney's fees, for injuries to, or the death or illness of any person and for damage to any property arising out of or in connection with the Work including installation of materials or equipment, removal and disposal of debris or damage to the premises, regardless of whether such injuries, illness, death or damages are reasonably foreseeable or reasonably within the contemplation of the parties to this agreement. The terms of this document apply even if such injuries, illness, death or damage are proximately caused by the negligence or other fault of the City of Fort Worth, its officers, agents, contractors and employees. 4. Contractor agrees that its sole compensation from City for said Work shall be the right to own and possess the removed rail road tracks; provided however, that Contractor shall remove said tracks from the work site within ten days of the Work's completion. OFFICIAL RECORD CITY SECRETARY F iii !�VOIRTH,TX 5. City agrees to maintain the street upon expiration of the Street and Storm Drain Bond. CONTRACTOR. CITY OF FORT WORTH: Billy Heath Contractor's Printed Name Jesus J.Chapa Assistant City Manager Contractor' ignaQi Recommended.By: 1404 Tremont Street aj, o t Contractor's Mailing Address(Street) Douglas . Wiersig Director,Transportation/Public Works Greenville, Texas 75401 (City, State,Zip Code of Owner) Approved as to Form and Legality: &4?2� M&C: N/A Douglas W.Black Date: Assistant City Attorney ATTE T: Mary Ka City Secre rye` - D A OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 3' Lp•• j 4- -A { G P� r n � f rl a<e 1-,q ei1 it � .I;• • � R c� ��yy3Ss•����"x � Yom- p �j.-- �!% r_ ��y' • � t 7 1 • • 'y t _ t��• I A 4l, DATE(MMIDDJYYYY) CERTIFICATE OF LIABILITY INSURANCE 01/15/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I RBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ! 1 IMPORTANT: if the certificate holder is an ADDITIONAL INSURED.the Doilcvtles)must be endorsed. if SUBROGATION IS WAIVED.subject to I 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 DALE E DADE NAME: INVESTORS INSURANCE AGENCY PHONE FAX EXI): 214 6 51 8 219 .__1 Iarc Ne 214 7 4 2 12 0 5 222 BROWDER #801 E-MAIL iiatxC�a01.COm ADDRESS: DALLAS TX 75201 PRODUCER ..CUSTOMER ID_#: _ DALE E DADE, AGENT INSURER(S)AFFORDINGCOVERAGE +_NAIC It INSURED INSURER A: BILLY RAY HEATH DBA RAILROAD CONSTRUCTION INSURER B:__ MT VERNON INSURANCE CO PO BOX 644 INSURERC. GREENVILLEB TX 75043 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBEk 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 s 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. TNSR ADDL,-SUER _- POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDDtYYri GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 JDAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY ! PREMISES Ea occurrance) $ 100,000 CLAIMS-MADE 71 1 OCCUR MED EXP(Any one person) $ 51000 ' PERSONAL&ADVINJURY $ 100,000 i GENERALAGGREGATE S 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG S POLICY —Y PRO- j LOG —._.J- -- S --- JFCT AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT — SCH37893619-01 !01/04/16 $ 01/04/17 (Eaaccdenq ANY AUTO ` -- -, } BODILY INJURY(Per person) S ALL OWNED AUTOS BODILY INJURY(Per accident) S , SCHEDULED AUTOS ( 777 PROPERTY DAMAGE 1 HIREDAUTOS j (Per accident) S NON-OWNED AUTOS $ t E � $ UMBRELLA LIAB OCCUR ( EACH OCCURRENCE 5 d EXCESS LIAB # CLAIMS-MADE s AGGREGATE $ DEDUCTIBLE S _ RETENTION S S (WORKERS COMPENSATION ' UVC STATU- OTH- li AND EMPLOYERS'IJABILITY YIN J 3, —_TORY.LIMITS I LER_ ANY PROPRIETORIPARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? !!!N[A P.(Mandatory in NM) E.L.DISEASE-EA EMPLOYES$ It yes,dascrnba under '.DESCRIPTION OF OPERATIONS below ! E.L DISEASE-POLICY LIMIT $ i ( I I DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) i CERTIFICATE HOLDER CANCELLATION CITY OF FORT WORTH ULD pF THE AB RIBED POLICIES BE CANCELLED BEFORE TPW_TM TNF EXPI ATION/ RE NOTICE WILL 12C DELIVERED IN AC�ORDAN E E ICY PR VI ONS. 5001 JAMES AVE FORT WORTH TX 76115 AUTHORIZED ATTN; TAI NGUYEN ©19 -2009 A ORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD