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HomeMy WebLinkAboutContract 48383 .!�/ Y� CONTRACT NO TEMPORARY LICENSE AGREEMENT n I This Temporary License Agreement ("Agreement") is entered into on this of N[J)f M �9 V_ , 2016 ("Effective Date") by and between the City of Fort Worth, Texas, a home-rule municipal corporation of the State of Texas ("City"), and G.L. Morris Enterprises Inc. (d b a Sunbelt Industrial Service), a Texas corporation("Company"). WHEREAS, the City owns a certain piece of property known as Ridglea Hills Park, located at 4589 Stonedale Road, Fort Worth, Texas 76116("Park"); WHEREAS, Company desires to use a portion of the Park to perform geotechnical bores to locate obtain soil samples for a proposed City retaining wall for the West Vickery Boulevard Sidewalk project adjacent to 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 use a portion of the Park for the purpose of performing geotechnical boring to take soil samples for a proposed West Vickery Boulevard Sidewalk Project 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 establi7OFFFICIAL rity for the us of the Park RECORD Temporary License Agreement ECRETARO1 of S ORTHS TX contained herein. CITY OF FORT WORTH: G.L.MORRIS ENTERPRISES,INC. (d.b.a.SUNBELT INDUSTRIAL SERVICE) By: ti By: Susa Alanis Marla Murphy As ' tant City Manager President Date: � I V- I i U9 Date: ��/ ��-�l e.' APPROVED AS TO FORM AND LEGALITY: t.. Tyler F.Wallach Assistant ,—City City Attorney ATT ED BY: d'°o r�u oas 0 w4 0 ary Kays a City Secretary da - Contract Authorization: } No M&C Required OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Temporary License Agreement 5 of8 Exhibit A Licensed Premises Temporary License Agreement 6 of 8 `+4 W. Vickery Blvd .r i y" Bore Site #1 ` Rid lea Hills Park �. Proposed Vehicle Access Path (approx) i • � Ridglea Hills Park Geotech Access Request 10/2016 .e C Exhibit B Insurance 1.01 Duty 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 ainage Liabilit : (1) $1,000,000.00 per occurrence C. Umbrella Policv (1) $5,000,000.00 d. Environmental Imnainnent Liability(EIL)&/or 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 f. 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 7 of 8 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 fonn 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 Subrogation. 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 teens,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 8 ofg A6-Jz ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �� 9/16/2016 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 Hoyt Utay CONTACT NAME: Shy la Lankford Lipscomb & Assoc. PHONE Ex (214)420-5200 IC N.I.(214)420-5250 750 N. St. Paul, Suite 1400 ADDRESS:slankford@lipscombinsurance.com INSURERS AFFORDING COVERAGE NAIC# Dallas TX 75201 INSURER A:Westchester Surplus Lines Ins 10172 INSURED INSURER B ACE American Insurance Company 22 667 G.L. Morris Enterprises, Inc. INSURERC:Texas Mutual Insurance Co. 22945 DBA: Sunbelt Industrial Service INSURERD: 2415 Cullen Street INSURERE: Fort Worth TX 76107 INSURERF: COVERAGES CERTIFICATE NUMBER:SAMPLE CERTIFICATE 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. INSRADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A CLAIMS-MADE [XI OCCUR DAMAGE TO RENTED 50,000 PREMISES Ea occurrence $ 623828005010 7/10/2016 7/10/2017 MED EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY I[JECT DLOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY EO accident)SINGLE LIMIT $ 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OSCHEDULED AUUTOSS AUTOS CALHO8452301 7/10/2016 7/10/2017 BODILY INJURY(Per accident) $ NON-OWNED PRPE ORTY DAMAGE HIRED AUTOS AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 51000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION 0 G23828017010 7/10/2016 7/10/2017 $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY YIN X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? N/A C (Mandatory in NH) TSF0001260390 11/2/2015 11/2/2016 E.L.DISEASE-EA EMPLOYE $ 11000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 11000,000 A CONTRACTORS POLLUTION G23828005010 7/10/2016 7/10/2017 EACHOCCURRENCE 2,000,000 PROFESSIONAL LIABILITY AGGREGATE 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Blanket additional insured applies with respects to General Liability, when required by written contract, per policy forms ENV-3100 (08/04) and ENV-225 (10/08) Products/Completed Operations. Blanket waiver of subrogation applies with respects to General Liability, when required by writen contract, per policy form ENV-3143 (03/05) . General Liability policy is primary and non-contributory per policy form ENV-3101 (08/04) . Blanket additional insured applies with respects to Business Auto coverage, when required by written contract, per policy form DA6Z04a (06/14) . Blanket wavier of subrogation applies with respects to Business Auto, when required by written contract, per policy form CA444 (10/13) . Blanket waiver of CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ***SAMPLE CERTIFICATE*** THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth Parks ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Charles Lipscomb/NGF ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 1201401) COMMENTS/REMARKS subrogation applies with respects to Workers' Compensation, when required by written contract, as per policy form WC420304B (06/14) . Excess Liability is follow form to underlying schedule which includes: General Liability, Auto Liability, Pollution Liability, Professional Liability and Employers Liability. All policies have been endorsed to add 30 day written notice of cancellation/non-renewal in favor of the certificate holder. OFREMARK COPYRIGHT 2000, AMS SERVICES INC.