HomeMy WebLinkAboutContract 29695CONTRACTCITY
_ C. �
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENT
COUNTY OF TARRANT §
RIGHT-OF-WAY USE AGREEMENT
TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING
This Agreement is entered into by and between the City of Fort Worth, a home -rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called
"City", acting herein through Libby Watson, it's duly authorized Assistant City Manager, and
Kimco Montgomery Plaza, L.P. hereinafter referred to as "User", pursuant to the requirements
of Chapter 12.5, Division 4, of the City Code of the City of Fort Worth.
NOW THEREFORE, it is agreed as follows:
1.
GRANT OF USE
A. City agrees to permit User to install and maintain three monitoring wells on a City
right-of-way, as shown on the map attached hereto as Exhibit "A" which is
incorporated into and made a part of this Agreement as if set forth fully herein, for the
express purposes of conducting environmental sampling:
One (1) monitoring well, designated as "PMW- I", to be located
within the City Right -of -Way adjacent to the north of 2601
Weisenberger Street. Legal Description: Weisenberger Addition,
Block 13, Lots 9 and 10, Fort Worth, Tarrant County, Texas.
One (1) monitoring well, designated as "PMW- 2", to be located
within the City Right -of -Way adjacent to the north of 2613
Weisenberger Street. Legal Description: Weisenberger Addition,
Block 13, Lot 7, Fort Worth, Tarrant County, Texas.
One (1) monitoring well, designated as "PMW- 3", to be located
within the City Right -of -Way adjacent to the north of 2625
Weisenberger Street. Legal Description: Weisenberger Addition,
Block 13, Lot 4R, Fort Worth, Tarrant County, Texas.
B. Users shall submit to the City's Traffic Engineer a Traffic Control Plan for written
approval prior to the commencement of any work under this Agreement and shall
provide a copy of such approved Traffic Control Plan to the Envir tl°
Right of Way Use Agreement for Environmental Monitorings e 3
City f
Kimco, LP and the Ci o Fort Worth
C. User shall have no property rights to any City property or right-of-way in which the
well is installed and environmental sampling is conducted, and access to the property
shall be nonexclusive at the City's discretion.
2.
REGULATION OF CONSTRUCTION
A. User shall conduct environmental sampling in accordance with federal, state and local
laws and regulations.
B. The construction of the well shall comply with the scope and details of construction of
the well that is included in User's Informal Request for Sub -surface Environmental
Sampling, dated October 28, 2003, and User's Formal Request for Temporary Access
to Install Monitor Well, dated December 19, 2003, and which are hereby attached as
Exhibits "B" and "C", both of which are incorporated into this Agreement by
reference. The top of the manhole box for the well shall be completed to be at, or
slightly above ground level and will be encased in an 8 -inch diameter, water -tight steel
manhole box along with a minimum 24 -inch by 24 -inch concrete slab that is sloped
back to ground level, in order to protect it and not interfere with everyday use of the
land around it.
C. User shall ensure that the person who performs the drilling and installation of the
monitoring well in conjunction with the environmental sampling, or other party with
appropriate oversight of the drilling project, is properly licensed and bonded in
accordance with V.T.C.A. Texas Water Code, Chapter 32, to perform work on City's
property or public right-of-way. Verification of such licensure shall be made available
upon demand by the City.
D. User agrees that it shall require any Contractor that performs any aspect of the
construction, operation, or maintenance of the Monitoring Well to possess all federal,
state, and local licenses to perform all work contracted for, prior to initiation of such
work.
E. User agrees to use the equipment that it has listed in Exhibits "B" and "C", in the
construction, operation, and maintenance of the well.
F. User has indicated in Exhibit C that it will utilize the services of Water Earth Solutions
& Technologies, Inc., which is a state -licensed environmental drilling firm, to install
the monitoring well. If User determines that it will be necessary to contract with
another company, User agrees to obtain written acceptance by the City prior to
initiation of any drilling or installation.
G. User shall maintain and operate the monitoring well. In the event that User determines
the need to contract the maintenance and operation of the well wit xa t ,arty, User
Right of Way Use Agreement for Environmental Monitoring
Kimco, LP and the City of Fort Worth
Prge2of13
shall notify the City of same in writing prior to doing so, and shall obtain written
acceptance by the City of such a contract.
H. User shall install, maintain, and monitor the well:
a. In accordance with the City of Fort Worth's Standard Specification for Street
and Storm Drain Construction, which is hereby incorporated into and made a
part of this Agreement as if fully set forth herein;
b. So that there is minimal disturbance to traffic and to the peace of the
surrounding neighborhoods;
c. So that no discharges are made to either the City's municipal separate storm
sewer system or to the sanitary sewer system; and
d. So that the openings to the monitoring wells are protected at all times with
properly functioning locking caps.
I. When User performs or causes the performance of any work in the right-of-way or
other public property, or so closely adjacent to such places as to create hazards for the
public, User, its employees, or contractor shall provide construction and maintenance
signs and sufficient barricades at work sites to protect the public, equipment, and
workmen. The application of such traffic control devices shall be consistent with the
standards and provisions of the latest addition to the Texas Manual on Uniform Traffic
Control devices. Appropriate warning lights shall be used at all construction,
maintenance, and monitoring/sampling areas where one or more traffic lanes are being
obstructed during nighttime conditions.
J. User shall require its contractor to contact the City's Department of Engineering and
the City's Traffic Engineer at least forty-eight (48) hours before drilling commences,
and further require its contractor to comply with all requirements of the City's
inspectors. No work under this Right -of -Way Use Agreement shall begin until
authorized in writing by the City's Street Management Division of Transportation and
Public Works Department.
K. User shall ensure that it has received written clearance from all City -franchised utility
companies, and any non -franchised utility companies so affected, prior to the
commencement of drilling, and that the City has been provided with a copy of said
clearances.
, x9
Right of Way Use Agreement for Environmental Monitoring �fq�.° ; jj?ge,3 of 13
Kimco, LP and the City of Fort Worth "�
3.
INSPECTIONS
The City's Traffic Engineer, and the City's Environmental Manager, or their
designated representatives, are authorized to inspect User's operations at all reasonable times
and to halt User's operations when necessary to protect the environment or the traveling
public. User shall ensure that its contractor complies with all orders to halt operations given
pursuant to this paragraph.
4.
REPORTING REQUIREMENTS AND MITIGATION OF CONTAMINATION
A. User agrees to provide City with appropriate documentation indicating the completion
date of monitoring/sampling, geological conditions, certification of proper completion,
any findings regarding the presence or non -presence of contamination, test results
generated as a result of said monitoring wells, and any other information submitted to
the Texas Commission on Environmental Quality, upon request of the City or
otherwise, shall be provided to the City at the same time that such information is
submitted to Texas Commission on Environmental Quality.
B. If environmental monitoring confirms contamination of soil or groundwater within the
City's right-of-way or other property, User shall notify the City's Department of
Environmental Management of same in writing within ten (10) days after receiving
confirmation of contamination. User shall cooperate with the City in mitigating the
contamination as necessary. User agrees that in the event contamination is attributable
to and resulting from User's activities, such remediation shall be undertaken at User's
sole cost and expense in accordance with the procedures and standards set forth by the
Texas Commission on Environmental Quality and/or the United States Environmental
Protection Agency.
5.
RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY
A. User shall repair, clean up, and restore all rights-of-way and other City property
disturbed during the installation, maintenance, and sampling of wells, and shall warrant
the repairs and restoration of such rights-of-way and other property for a period of two
(2) years from the date of completion of same. Such repairs, clean up, and restoration
shall return the rights-of-way and other disturbed property to substantially the same
condition they were in before User's operations began. The determination that the
rights-of-way, other City property, and their surfaces have been returned to
substantially the same condition shall be made by the City's Director of Transportation
and Public Works, or his designee."�.,,....•,,,,......,,..
,5
a � I
Right of Way Use Agreement for Environmental Monitoring Page 4 of t 3
Kimco, LP and the City of Fon Worth
B. City shall have the right at any time to order and require User to remove or abate any
spill, discharge, well equipment, or other facility that is dangerous to life or property.
In the event User fails or refuses to comply with the City's order, or if an emergency
exists which precludes the City from giving notice to User prior to responding, City
shall have the right to remove or abate same at the expense of User, all without
compensation or liability for damages to User.
C. Within thirty (30) days of the expiration or earlier termination of this Agreement, User
shall remove the well and restore the City's right-of-way and other property in
accordance with part A of this paragraph. User's plan to remove the well and restore
property is subject to the City's approval, and shall be submitted to City prior to the
removal.
D. If, within fifteen (15) days' written notice from the City, User fails to remove the well
and restore property as required, City may cause the well to be removed and the rights-
of-way and any other affected property to be restored without notice to User. User shall
pay City for all costs incurred by City in said removal and restoration.
6.
RELOCATION OF MONITORING WELLS
A. User, at its sole cost and expense, and upon the City's request (without claim for
reimbursement or damages against the City), shall relocate any and all wells so
identified by this Agreement, where necessary due to street construction or
reconstruction by or on behalf of the City, or due to the construction or relocation of
City utility lines, including, but not limited to, water, sanitary sewer, storm drains,
street lights and traffic signal conduits, or due to any other work by or on behalf of the
City or general public in or under the City rights-of-way.
B. If City requires User to relocate its wells pursuant to Part A of this paragraph, User
shall relocate or remove its wells upon receiving a written directive from City to do so,
within seven (7) days of receipt of said notice, unless otherwise stated in the directive.
In the event User fails to comply with the directive, the City shall have the right to
relocate or remove or cause the relocation or removal of the wells, and User shall
reimburse City for all its costs.
C. City reserves the right to permit to be laid and repaired, sewer, gas, water, and other
pipelines, cable, conduits, and other similar facilities in, along, over, or under any
rights-of-way and other City property occupied by User pursuant to this Agreement.
City further reserves the right to require User to remove or relocate its wells to enable
use of the rights-of-way or other property by City's franchisees, licensees, and invitees.
City, its officers, and employees, shall not be liable to User for any damages, loss or
expenses arising out of the performance of such work or the relocation or removal of
User's wells; however, nothing herein shall relieve any othe "'.ps'n--or--corporation
from liability for damage to User's wells, equipment, and other f lIfies "
�Ir F
Right of Way Use Agreement for Environmental Monitoring Page S of 13
Kimco, LP and the City of Fort Worth
7.
TERM
The term of this Agreement shall be for a period of two (2) years from the date of its
execution by both parties, if no contamination is confirmed through the well, and upon
satisfaction of the Texas Commission on Environmental Quality, and the City, whichever
occurs first. In the event contamination is confirmed through use of the well within two years
following the execution of the Agreement, the term of the Agreement shall become a period of
five (5) years from the date of its execution, upon written request for amendment made by
User to the City. The amendment request shall state that additional environmental sampling
will be necessary, and shall include all pertinent data relevant to, and justifying, extension of
this Agreement.
8.
INDEMNIFICATION
A. Definitions. In this paragraph, the following works and phrases shall be defined as
follows:
1. Environmental Damages shall mean all claims, judgments, damages, losses,
penalties, fines, liabilities (including strict liability), encumbrances, liens costs,
and expenses of investigation and defense of any claim, whether or not such
claim is ultimately defeated, and of any good faith settlement of judgment, of
whatever kind or nature, contingent or otherwise, matured or unmatured,
foreseeable or unforeseeable, including without limitation reasonable attorney's
fees and disbursements and consultant's fees, any of which are incurred as a
result of the existence of a violation of environmental requirements pertaining to
the wells, and including without limitation:
a. Damages for personal injury and death, or injury to property or natural
resources;
b. Fees incurred for the services of attorneys, consultants, contractors,
experts, laboratories and investigation or remediation of the monitoring
wells or any violation of environmental requirements including, but not
limited to, the preparation of any feasibility studies or reports of the
performance of any cleanup, remediation, removal, response,
abatement, containment, closure, restoration or monitoring work
required by any federal, state or local governmental agency or political
subdivision, or otherwise expended in connection with the existence of
such monitoring wells or violations or environmental requirements, and
including without limitation any attorney's fees, costs and expenses
incurred in enforcing this contract or Col ti g "�" h "' due
hereunder; and
Right of Way Use Agreement for Environmental Monitoring
GG i +p� °fA,"ge 6 f 13
Kimco, LP and the City of Fort Worth i
c. Liability to any third person or governmental agency to indemnify such
person or agency for costs expended in connection with the items
referenced in subparagraph (b) herein.
2. Environmental requirements shall mean all applicable present and future
statutes, regulations, rules, plans, authorizations, concessions, franchises, and
similar items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political
subdivisions thereof and all applicable judicial, administrative, and regulatory
decrees, judgments, and orders relating to the protection of human health or the
environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, emissions, discharges, releases, or threatened
releases of hazardous materials, pollutants, contaminants or hazardous
or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the air, surfacewater, groundwater, stormwater,
or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes,
whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and safety of
employees or the public.
B. General Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY,
REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH
MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY,
OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A
CONSEQUENCE OF THE USER'S OPERATIONS UNDER THIS
AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE SOLE NEGLIGENCE OF USER, ITS OFFICERS, AGENTS,
EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF
USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND
ANY OTHER PERSON OR ENTITY.
C. Environmental Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY,
DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL
DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL
REQUIREMENTS RESULTING FROM USER'S OPERA IO+j :�,N+ RHJ�S
AGREEMENT WHEN SUCH ENVIRONMENTAL DAMA ES", T& hioN
Right of Way Use Agreement for Environmental Monitoring
Kimco, LP aqui the City of Fort Worth
J aid' 7of 13
OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR
OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS, OR THE JOINT ACT OR OMISSION OF USER, ITS
OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER
PERSON OR ENTITY.
D. The obligations of the User under this paragraph shall include, but not be limited to, the
burden and expense of defending all claims, suits and administrative proceedings (with
counsel reasonably approved by the City), even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any description, and
paying and discharging, when and as the same become due, any and all judgments,
penalties or other sums due against such indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability which User is required hereunder to
indemnify, City shall provide user with reasonable timely notice of same.
F. The obligations of the user under this paragraph shall survive the expiration or
termination of this Agreement and the discharge of all other obligations owed by the
parties to each other hereunder.
9.
INSURANCE
A. During the term of this Agreement, User shall maintain the following insurance
coverage and the respective policies thereof shall cover all risks related to the use and
occupancy of the right-of-way and other City property and all other risks associated
with this use Agreement:
1. Commercial General Liability Insurance:
$1,000,000.00 per occurrence combined single limit for bodily injury and
property damage.
$2,000,000.00 aggregate.
2. Environmental Impairment Liability/Pollution Liability:
$1,000,000.00 minimum per occurrence
3. Automobile Liability Insurance:
a. $1,000,000.00 each accident
b. Coverage shall be on "any auto", including leased, hired, owned,
non -owned and borrowed vehicles. .
Right of Way Use Agreement for Environmental Monitoring `� �� Cf 13
Kimco, LP and the City of Fort Worth
B. User shall require its contractors to maintain the following insurance coverage:
1. Commercial General Liability Insurance:
$1,000,000.00 per occurrence combined single limit for bodily
injury and property damage
2. Automobile Liability Insurance:
a. $1,000,000.00 each accident; or
$250,000 Property Damage and
$500,000 Bodily Injury per person per occurrence.
b. Coverage shall be on "any auto", including leased, hired, owned,
non -owned and borrowed vehicles.
3. Workers' Compensation Insurance
a. Statutory limits for Workers' Compensation; and
b. Employer's Liability:
$100,000.00 each accident/occurrence;
$100,000.00; and disease -each employee;
$500,000.00 disease -policy limit.
C. All policies shall contain the following endorsements:
1. City shall be named as an additional insured on all policies in respect to the
monitoring wells, environmental sampling, and the operations under this
Agreement;
2. City shall be notified not less than thirty (30) days prior to the cancellation,
or non -renewal of, or material changes to, said policies; and
3. All policies shall be endorsed with waivers of subrogation in favor of the
City.
D. The insurers for all policies must be approved to do business in the State of Texas and
be currently rated in terms of financial strength and solvency to the satisfaction of the
Risk Manager.
�..,.
E. The insurers for all policies must be licensed/approved to do bus ne_, in the State of
Texas. Except for workers' compensation, all insurers must have nil�lhgrpf
f
a
Right of Way Use Agreement for Environmental Monitoring Page 9 o � l•' f 13
Kimco, LP and the City of Fort Worth
A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent
financial strength and solvency to the satisfaction of the Risk Manager.
F. Programs of self-insurance in lieu of commercial insurance policies shall be assessed,
and as appropriate, approved by the Risk Manager; and, as applicable, pre -approved
by the Texas Department of Insurance. All such approvals must be completed and/or
received by City prior to execution of this Agreement.
G. The deductibles or self insured retention (SIR) affecting the insurance coverage
required shall be acceptable to the Risk Manager, and in lieu of traditional insurance,
alternative coverage maintained through insurance pools or risk relations groups must
be also approved.
H. User shall provide City with certificates of insurance documenting User's and User's
contractor's coverage as outlined above prior to commencing any operations under this
Agreement. Certificates shall be submitted to the Director of Environmental
Management.
I. Any failure on the part of the City to request documentation of insurance required
herein shall not be construed as a waiver of the requirement for same.
J. The City may revise insurance requirements specified herein, at its sole discretion, to
protect its interest, giving ample prior notice to User.
10.
CONSIDERATION
In consideration for the use herein granted, User agrees to pay City a fee in the amount
of $250.00 (two hundred, fifty dollars, and no cents), which is -due and payable upon User's
acceptance of this Agreement. Such fees shall be used by the City to offset the cost of
regulating and monitoring the use agreement activities specified herein.
Right of Way Use Agreement for Environmental Monitoring
Kimco, LP and the City of Fort Worth
:µ 7
Page jd of 13
11.
MUTT('-.
Any notice or communication required in the administration of this Agreement shall be
sent as follows:
If to City:
Mr. Brian Boerner, Director
Dept. of Environmental Mgt.
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102-6311
If to User:
Mr. Norman Brody, Executive Vice President
Kimco Montgomery Plaza, L.P.
c/o Kimco Developers, Inc
1111 Burlington Avenue, Suite 113
Lisle, IL 60532
Ph# / Fax# : 630-322-9200 / 630-322-9204
12.
TERMINATION
A. In the event User defaults in the performance of any of its obligations under this
Agreement or misrepresents to the City a material fact, the City shall have a right to
terminate this Agreement upon giving the User written notice describing the breach or
omission in reasonable detail. The User shall have a ten (10) day period commencing
upon the date of notice of default in which to effect a cure. If the User fails to effect a
cure within the aforesaid ten (10) day period, the City may terminate this Agreement
by written notice to User.
B. Upon termination, the User shall be released from all contractual obligations to the
City, except that all of User's duties, obligations, and liabilities set forth in Paragraphs
4, 5, and 8 shall remain in effect as indicated herein. The requirements imposed
under Paragraph 4, "REPORTING REQUIREMENTS AND MITIGATION OF
CONTAMINATION", shall survive for a period of two (2) years after the termination
of the Agreement, or until such time that any contamination which may have occurred
has been mitigated to the satisfaction of the City, and the Texas Commission on
Environmental Quality, whichever period is longer. The requirements imposed under
Paragraph 5, "RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY",
shall survive for two (2) years after the termination of this Agreement, or until such
time that the property affected is restored to its original condition and such restoration
fully complies with Paragraph 5 of this Agreement, whichever period is longer. The
duties, obligations, and liabilities set forth in Paragraph 8, "INDEMNIFICATION",
shall survive the expiration or termination of this Agreement.
JV„
Right of Way Use Agreement for Environmental Monitoring 'ae 11 of 13
Kimco, LP and the City of Fort Worth
13.
GOVERNING LAWS
It is mutually agreed and understood that this Agreement is made and entered into by
the City and User with reference to the existing Charter and Ordinances of City and the laws of
the State of Texas, and of the United States, which govern all matters affecting this
Agreement, and User agrees to comply fully with all the provisions of same.
14.
ENTIRETY
This Agreement constitutes the entire agreement by the parties hereunder, and any prior
or contemporaneous oral or written agreements shall be void. This Agreement may be
amended or changed only by the written agreement of both parties.
15.
SEVERABILITY
In case any one or more of the provisions contained in the Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability shall not affect any other provision of this Agreement, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provisions had never been
contained herein.
16.
VENUE
Venue of any suit or cause of action under this contract shall lie in Tarrant County,
Texas.
Right of Way Use Agreement for Environmental Monitoring
Kimco, LP and the City of Fort Worth
i�
PgX�'gf13.
J
17.
AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending
such authority have been duly passed and are now in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
originals in Tarrant County, Texas.
KIMCO MONTGOMERY PLAZA, L.P.
BY.
NAME: J1- WI
TITLE: vee P/0 -a-(61 ro '
Date Signed: �.
CORPORATE SEAL:
(Signature)
Print Name: Z�� �°cL. �-
Right of Way Use Agreement for Environmental Monitoring
Kimco, LP and the City of Fort Worth
CITY OF FORT WORTH
B `
Libby Watson
Assistant City Manager
Date Signed:
APPROVED AS TO FORM
obw & P, .
?"'W
Assistant City Attorn y
.t
m -
City e retary
No M&C required CRP02.19.042
l J f
Page 13 of 13
Client#: 10195 KIMCOREAL
ACO D- CERTIFICATE
LIABILITY I 1
DATE (MM/DD/YXYY)
A
OO.d/,RANCE
03/04(04
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Thomas Rutherfoord, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5500 Cherokee Ave., Ste 300
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Alexandria, VA 22312
703 354-1616
INSURERS AFFORDING COVERAGE NAIC #
INSURED
INSURERA: Federal Insurance Company
Kimco Realty Corporation
INSURER B: SC
3333 New Hyde Park Road
INSURER C:
Suite 100
GENERALAGGREGATE 1$25,000,000
INSURER D:
New Hyde Park, NY 11042-0020
INSURER E.
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED
BY PAID CLAIMS.
LTR
D POLICYEFFECTIVE POLICY EXPIRATION
NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE (MM1ODfYYI
LIMITS
A
GENERALLIABILITY
35764938
10/01/01
10/01/04
EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY
PREM SES (E. occurrence S1,000,000
CLAIMS MADE a OCCUR
MED EXP (Anyone person) $10 000
PERSONAL &ADV INJURY 1$1,000,000
GENERALAGGREGATE 1$25,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG 1$2,000 000
POLICY PRO LOC
JECT
A
AUTOMOBILE
LIABILITY
73502767
10/01/03
10/01/04
COMBINED SINGLE LIMIT
A
X
ANY AUTO
73502768 -TX
10/01/03
10/01/04
(Ea accident) $1,000,000
BODILY INJURY $
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
BODILY INJURY $
X
HIRED AUTOS
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT S
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
A
EXCESSIUMBRELLA LIABILITY
79791256
10/01/03
10/01/04
EACH OCCURRENCE s25,0001000
X OCCUR 7 CLAIMS MADE
AGGREGATE $25,000,000
S
DEDUCTIBLE
$
RETENTION $
A
WORKERS COMPENSATIONAND
71648296
10/01/03
10/01/04
TH-
X TWR sTA'T- OER
E.L. EACH ACCIDENT $500,000___
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEE $500,000
OFFICER/MEMBER EXCLUDED?
If
SPECIAL
yes, describe under
PROVISIONS below
E.L. DISEASE - POLICY LIMIT 1$500,000
OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
RE: Site 91100 - Montgomery Plaza, Forth Worth, TX for Right of Way Use
Agreement
The Certificate Holder is named as Additional Insured-ATIMA under the
General Liability with respects to the described location.
City of Ft. Worth
Environmental Management Dept.
1000 Throckmorton Street
Fort Worth, TX 76102-6311
ACORD 25 (2001/08) 1 of 1
#S192051/M170700
TIO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING
NOTICE TO THE CERTIFICATE
IMPOSE NO OBLIGATION OR L
REPRESENTATIVE
DAYS WRITTEN
) DO SO SHALL
AGENTS OR
DATE (MM/DD/YYYY)
CERTIFICATE LIABILITY INSURANCE 1 02/26/2004
PRODUCER (972)250-9984 FAX (972)250-9947 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Pacific Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4575 Westgrove Dr. #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Addison, TX 75001-3214
Donnell Reed INSURERS AFFORDING COVERAGE NAIC #
INSURED Water,Earth, Solutions & Technologies, Inc. INSURERA: AIG Specialty 7 -f --
DBA: W.E.S.T., Inc. INSURERS: Safeco
17130 Dallas Parkway #120 INSURERC: TX Mutual Ins
Dallas, TX 75248-0000• INSURER D:
INSURER E:
A +cn
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
DD'
RI
-rypE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
DATE lMM/DD1YY1
LIMITS
GENERAL LIABILITY
PROP1132180
07/20/2003
07/20/2004
EACH OCCURRENCE $ 1,000,000
}( COMMERCIAL GENERAL LIABILITY
DAME.AGE TO RENTEDPR $ 100,000
MADE a OCCUR
MED EXP (Any one person) $ 25,000
PERSONAL &ADV INJURY $ 1,000a000
A
TCLAIMS
Xincl Pollution
000 deductible
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG S 2,000,000
XPOLICY PRO- LOC
JECT
AUTOMOBILE
LIABILITY
04 -BA -475158-1
07/20/2003
07/20/2004
COMBINED SINGLE LIMIT $
X
ANY AUTO
(Ea accident)
1,000,000
BODILY INJURY $
ALL OWNED AUTOS
SCHEDULED AUTOS
(Per person)
B
X
HIREDAUTOS
BODILY INJURY $
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $
AGGREGATE $
OCCUR FICLAIMS MADE
$
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
TSF000113 5294
�( WC STATU- O R
E.L. EACH ACCIDENT $ 1,000,000
EMPLOYERS' LIABILITY
08/27/2003
08/27/2004
C
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE -POLICY LIMIT I $ 1,000,000
OTH
PROP1132180
07/20/2003
07/20/2004
$1,000,000 - limit
A
Pro7essional Liaiblity
$20,000 deductible
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ity of Fort Worth, Texas shall be named as additional insured on all policies as respects work per-
formed by the insured. Waiver of Subrogation in favor of the City of Fort Worth
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, TX 76102
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN N ICE'ToTf=f'CERTI'I T'1T HOLDE NAMED TO THE LEFT,
�..r r 6a r
BUT FAILURE TO MAIL SUC NpT�cg ', , �Moo�Y N A�LIG TION OR LIABILITY
OF ANY KIND UPON THE
'RESENTATIVE . " •I r ""
) � /v, I
AGORD 25 (2001/08)
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)