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Contract 48605
5E789� CITY SECRETARY L CONTRACT NO. J 13 2017 TOTj� RIGHT OF WAY ENCROACHMENT AGREEMENT �O� rub (COAMERCAL) 68199V THIS AGREEMENT is made and entered into by and between the City of Fort Worth,a home rule municipal corporation of Tarrant County,Texas("City"),acting herein by and through its duly authorized City Manager, its duly authorized Assistant City Manager or Planning and Development Department Director, and University of North Texas System,a State of Texas agency and university system "Licensee",acting herein by and through its duly authorized Vice Chancellor for Facilities PIanning and Construction, the owner of the real property located at 3430 Camp Bowie Boulevard, Fort Worth,Texas 76107 ("Property"). RECITALS WHEREAS,Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property; and WHEREAS,the City has a street,alley,sidewalk,and/or other public right-of-way (individually or collectively, the "Public Right-of-Way") adjacent to the Property as shown on the map attached to this Agreement as Exhibit"A" and incorporated herein for all purposes; and WHEREAS, Licensee desires to construct/place and maintain certain improvements which will encroach onto the Public Right-of-Way; and WHEREAS, City will allow the encroachment under the terms and conditions as set forth in this Agreement to accommodate the needs of the Licensee, t NOW,THEREFORE,the City and Licensee agree as follows: AGREEMENT F j! City, in consideration of the payment by Licensee of the fee set out below and covenants and agreements hereinafter contained, to be kept and performed by Licensee, hereby grants permission to Licensee to encroach upon,use and/or occupy portions of the space under, on, and/or above the City's Public Right-of-Way to construct/install and/or allow to remain, certain improvements-for the purpose of installation of an electrical and IT duct bank and retention system along Cliftoh for construction of a new facility(whether one or more,the "Improvements") as described in and at the location shown on Exhibit "A" but only to the extent shown thereon. Upon completion of the Improvements, Licensee agrees to be responsible for maintaining the Irnprovements. Licensee shall not expand or otherwise cause the Improvements to further infringe in or on City's Public Right-of-Way beyond what is specifically described in the Exhibit(s)attached hereto. 2015 ROW Encroachment Agreement- OFFICIAL RECORD II Commercial Page 1 of 10 i CITY SECRETARY rev.02/2015 FT.WORTH,TX 3 f k t i E } K 2. All construction, maintenance and operation in connection with such Improvements, use and occupancy shall be performed in strict compliance with this Agreement and the City's Charter, Ordinances and Codes, and in accordance with the directions of the City's Director of Transportation and Public Works, or his or her duly authorized representative. Licensee shall submit all plans and specifications to the applicable Director or his or her duly authorized representative prior to the construction of the Improvements: Licensee shall not commence construction of the Improvements until receiving written approval by the Director,but such approval shall not relieve Licensee of responsibility and liability for concept, design and computation in the preparation of such plans and specifications. 3. Upon completion of the construction and installation of the Improvements, there shall be no other encroachments in,under,on or above the surface area of the Public Right- of-Way, except as described herein and depicted on Exhibit"A". 4. Licensee,at no expense to the City,shall make proper provisions for the relocation and installation of any existing or future utilities affected by such encroachment, use and occupancy, including the securing of approval and consent from any affected utility companies and the appropriate agencies of the State of Texas and its political subdivisions. In the event that any installation,reinstallation,relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance or existence of such encroachment and use,Licensee shall pay to City an additional amount equal to such additional cost as determined in the reasonable discretion of the Director of Transportation and Public Works,or his or her duly authorized representative. 5. Upon prior written notice to Licensee,except in the case of an emergency,Licensee agrees that City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety and welfare of the public or for any other public purpose. City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Improvements installed by Licensee,but City will make reasonable efforts to minimize such damage. In the event that any installation, reinstallation,relocation or repair of any existing or future utility or improvements owned by, constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction,maintenance or existence of the Improvements and use,Licensee shall pay to City an additional amount equal to such additional cost as reasonably 2015 ROW Encroaclunent Agreement- Commercial Page 2 of 10 rev.02/2015 3F t f 4 determined by the Director of Transportation and Public Works or the Director of the Water Department, or said Director's duly authorized representative. 6. Licensee agrees to pay to City at the time this Agreement is requested an application fee of$325.00 in order to defray all costs of inspection and supervision which City has incurred or will incur as a result of the construction, maintenance, inspection or management of the encroachments and uses provided for by this Agreement. Licensee agrees to pay a fee in the amount of$.56 per square/linear foot of the encroachment area upon execution of this Agreement and annually thereafter. 7. The term of this Agreement shall be for 30 years commencing on the date this Agreement is executed by City. However,this Agreement shall terminate upon L'icensee's non-compliance with any of the terms of this Agreement. City shall notify Licensee in writing of the non-compliance, and if not cured within 30 days, this Agreement shall be deemed terminated unless such non-compliance is not susceptible to cure within 30 days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such steps as are necessary to remedy the non-compliance within 30 days after written notice specifying the same, or having so commenced,thereafter fails to proceed diligently and with continuity to remedy same. 8 Upon termination of this Agreement, Licensee shall at no expense to City remove the Improvements encroaching into the Public Right-of-Way,and restore the Public Right- of-Way ight- of Way to a condition acceptable to the Director of Transportation and Public Works, or his or her duly authorized representative, in accordance with then-existing City specifications. It is understood and agreed by Licensee that if this Agreement terminates and Licensee fails to remove the Improvements and restore the Public Right-of-Way, Owner hereby gives City permission to remove the Improvements along with any supporting structures, restore the Public Right-of-Way, and assess a lien on the Property for the costs expended by the City in taking such actions. 9. It is further understood and agreed between the parties hereto that the Public Right- of-Way to be used and encroached upon as described herein, is held by City as trustee for the public; that City exercises such powers over the public right-of way as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that City cannot contract away its duty and its legislative power to control the Public Right- of-Way for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Public Right-of-Way to be used for any other public purpose, 2015 ROW Encroachment Agreement- Commercial Page 3 of 10 rev.02/2015 i including but not limited to, underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not,that this Agreement shall terminate upon 60 days' written notice to Licensee. In the event this Agreement is terminated under this Section 9, Licensee shall perform the obligations regarding removing the Improvements and restoring the Public Right-of-Way described in Section 8. 10. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct,maintain and locate the Improvements over or within the described Public Right-of-Way and is not a conveyance of any right,title or interest in or to the Public Right-of-Way nor is it meant to convey any right to use or occupy any property in which a third party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 11. Licensee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of the Improvements, encroachment and uses. 12. Licensee agrees to pay promptly when due all fees,taxes or rentals provided for by this Agreement or by any federal, state or local statute,law or regulation. 13. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant or employee of City,and Licensee shall have exclusive control of and the exclusive right to control the details of its operations, and all persons performing same,and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 14. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO 2015 ROW Encroachment Agreement- Commercial Page 4 of 10 rev.02/2015 i I ANY AND ALL PERSONS, OF WHATSOEVER IaND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE IMPROVEMENTS AND ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS,AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. F LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE IMPROVEMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES, OR TRESPASSERS. 15. While construction of the Improvements is on-going,Licensee agrees to furnish, or cause to be furnished,City with a Certificate of Insurance naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as described or depicted in Exhibit"A". The amounts of such insurance shall be not less than $1,000,000 Commercial General Liability with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise, or cause to be revised, such amounts promptly following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least 30 days prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this Agreement. i; Licensee agrees,binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during construction of the Improvements and during any removal of all encroachments and the cleaning and restoration of the Public Right-of-Way. All insurance coverage required herein shall include coverage of all Licensees' contractors and subcontractors. Licensee, University of North Texas System, and its component institution, University of North Texas Health Science Center{"UNTHSC"), as agencies of the State of Texas, are insured for general liability insurance under a self-insurance program 2015 ROW Encroachment Agreement- Commercial Page 5 of 10 rev.02/2015 i i 1 covering limits of liability. Under the provisions of Chapter 101 of the Texas Tort Claims Act,Licensee and UNTFISC are limited to liability for property damage and personal injury proximately caused by the wrongful act or omission or the negligence of employees or agents of Licensee or UNTHSC acting within the course and scope of their employment in amounts not to exceed (a) $250,000.00 for each person and $500,000.00 for each single occurrence for bodily injury or death, and (b) $100,000.00 for each single occurrence for injury to or destruction of property. Under the foregoing self-insurance program,without waiver of any defense and to the extent not prohibited by the constitution and laws of the State of Texas, contribution may be available for liabilities arising out of Licensee's or UNTHSC's acts or omissions in connection with the Agreement. The parties agree that (except for such time as construction of the Improvements is on-going)such self-insurance by Licensee and UNTHSC shall, without further requirement, satisfy all insurance obligations of Licensee under this Agreement. 16. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay the fees to record this Agreement in the Real Property Records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 17. In any action brought by the City for the enforcement of the obligations of the Licensee, City shall be entitled to recover interest and reasonable attorney's fees. 18. Licensee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this Agreement without the prior written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property,Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within 60 days of such foreclosure or assignment and assumes all of Licensees' rights and obligations hereunder. However,no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. i 2015 ROW Encroachment Agreement- Commercial Page 6 of 10 rev.02/2015 i 19. THE PARTIES AGREE THAT THE DUTIES AND OBLIGATIONS CONTAINED IN PARAGRAPH 8 SHALL SURVIVE THE' TERMINATION OF THIS AGREEMENT. 20. Any cause of action for breach of this Agreement shall be brought in Tarrant County,Texas, This Agreement shall be governed by the laws of the State of Texas. 21. This Agreement shall be binding upon the parties hereto, their successors and assigns. [SIGNATURES APPEAR ON FOLLOWING PAGE] is 4I t= 2015 ROW Encroachment Agreement- Commercial Page 7 of 10 rev.02/2015 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. N/A —NO CITY FUNDING INVOLVED Date: Julie W sten an Development Manager THIS AGREEMENT may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. City: *DLEH Licensee: CITY UNIVERSITY OF NORTH TEXAS SYSTEM By: OD James Maguire Vice Chancellor for Facilities PLANNING &DEVELOPMENT Planning and Construction Date: ' 20n ATTEST: ',/ Approved As To Form and Legality i ty Secretary Assistant C Attorney OF•F�P'T� ACAS OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 2015 ROW Encroachment Agreement- Conunercial Page 8 of 10 rev.02/2015 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me 01 by Randle'Harwood,Director of the Planning Devi opment Dep ent of the ity of F 1 i Worth Y P"44 CASSANDRA F. FOREMAN .2' = Notary Pubic,State of Texas 8 =t• yc My Commission Expires April 26, 2017 Nary Public, State of Texa STATE OF TEXAS § COUNTY OF DA I it § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared James Maguire, Vice Chancellor for Facilities Planning and Construction of the University of North Texas System, known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the University of North Texas System,a higher education agency of the State of Texas,and in the capacity therein stated. i GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of De&cmVX.✓ ,201 . �� -:i'' tf4sFER 8 BRESSLER Ne"'If pubft State of Texas Myy:.amntlssion f'•,►�ires taffy Public, State of Texas AUGM 4,2b 19 Notary W OMA Sond ++I I I i 1 After Recording Return to: Cassandra Foreman Planning and Development Department 1000 Throckmorton Street Fort Worth TX,76102 2015 ROW Encroachment Agreement- Connnercial Page 9 of 10 j rev.02/2015 Ij F EXHIBIT"A" Location and Description of Encroachment and Improvements (6 Pages Attached) 2015 ROW Encroachment Agreement- Conunercial Exhibit"A" rev.02/2015 r- E=, 1 ! f � t # ; f rl s a i GRAPHIC SCALE I 1 >2 ( IN ;s 3 ( IN Far x I Imoh - 40 lUP- t j Sy R T its..:• c -� `Ill I `\ LEC UC 9A 11 1 PVT) - - 21 � 1 I S — ---- tar I I � •-'�,i 21 e000 r 3-& 0001 AQ t r 1 }{ J ..1� if ! I ,-• `- .!" r./H'. !fk Y ? 12/1212016 I �� PROJECT UNTIISC Interdisciplinary Research Building 'Lif=r'` 3500 Camp Bowie Rd. Ft.Worth,TIL 76107 1Q ENGINEERING,UP CLIENT i�, 1fOGIFSSAftEET OktiAS,TEJA575N1 a � nlna9ara ruErw.coai SCALE REV DATE SHEET C1.0 r.F V-4W 12/1212016 na�� 1RI081,0:3140298 58PfFlAhif3291 3 _ 1 9 EEEC DUCT BANK 2 I 615 615 60' 610 PROP SURFAC 610 EX SUR ACE TC 608.14 N TC 607 88 P P 6" TELE 605 6" = 6M5 PRP E C D CT ANK ( ) N N EX 6" ELEC EX 4" _ El 6" = 603.19 FL 4" = 60 . 8 d 600 600 PROP B" SEWER P JN FL B" _ PROP 12" PA iU FL = 598.80 9 0+00 1 +00 s le mmff sum=am uo , 4*D3 MIM,V 3 II NOTES S�Pt 11 L FMM-M MMM lAi{flnW=Y H EACH M-4=W DUST DAM IM F]Ma lE MDL z FRwM p PMkR MRAM ax s-W mMe FnA omAE LDML r �RWK/� 02 ELECTRICAL DUCT BANK SECTION sN.T.S. V 1211212016 m m S � _ PROJECT UNTHSC Interdisciplinary Research Building 3500 Camp Bowie Rd. Ft.Worth,TX 761.07 JQ ENGINEERING,LLP CLIENT lGOGlASSSTftEEE DAtUS,TEXI575k77 log, 714.7579093 AING.0061 SCALE REV DATE SHEET �t qa M031A..3140298 18➢Efl.9.11 FIH4 N/A 12/1272016 CiL.1 i %J�//l/JlC//GZLfl11// '/. ice• I is( t �`•�i/_ r'.ry . !�/h:%i%/J///////1///.SfJ/J/////i�'=�JJJ/(J,�J//f(�J��/1.'�I'/�/!/l////:l/, 0 - - i �I I >- GRAPHIC SCALE 40 j 1 1 ieoh ® 40, G = Tf ,�-�m 0+73 E Ey T BANK 2 (PVT) 1 _ 6 0 1 I .==�. v 1; 1 1 i 18 to r.--"t l a 1 i is�- f�,,.( '�.•'�� r. r' ig 12112/2016 ;� '" I) ;a of 1 PROJECT 1f7NTHSC Interdisciplinary Research Building 3500 Camp Bowie Rd. Lf L rt.Worth,TX 76107 1Q ENGINEERING,LlP CLIENT iia.isi� onius, ccah}SSMU SCALE REV DATE SHEET60' C2.0 10108110:3140298 7BPfFlRk1H191 V=40' 12/12/2016 EIEC DUCT BANK 1 { 615 615 60' KOV 610 610 EX SURFACE P OP SURF CE TC 0 1.00 —� PRO 6" TELE TC 60 .63 605 FL 6 = 605.81 605 PPfP IfLEC DU T B N ( ) M (V EX 4" GA FL 6" 603.20 FL4" 602.6 . ted 600 600 PROP 8" SEWER ( UB) PRO 12" W R (PUB) FL 8" FL 2 = 591 88 ----------------- 0+00 1 +00 1 +75 RUM G �—oMweJPawmrt summ PJmtL # `��,•`?^ V to COMM,W #4 ram Trv�Mug COMM � J Z. Q NOtEs: �q 1. P.RV"H RMA LCHOMULLY H MH OOMM OF DOCf ONM FM DIM LO ML FSP.�E Q r��lll' 1.P'RVM9 pl MWA smltf3 ON s-V COMA tta DMIM MM to ..........ti��' 4i, t Eo J 0 ELECTRICAL DUCT BANK 1 SECTION z = Rim, 12/12/2016 7n l rl r lf�:`tj iii gcai:.tllut�,t I vo 1 `-^'}f PROJECT UN HSC Interdisciplinary Research Building Lwu i ; r, ; 3500 Camp Bowle Rd. Ft.Worth,TX 76107 1Q ENGINEERING,LLP CLIENT i= 1006WSSTREEF mus'IEYAS75207 m 214.752.%93 1QER6.EOA1 SCALE REV DATE SHEET C1.1 JQM1.'0:3140299 7BPEfIRhif•l291 WA 12/12/2016 sa�� /!!f y� r �.:; <i i .;< �, � � `7_ / �i � /ii%J,%'//f/.�!/!!i%!!//!////!//lll��ll/.��•.iL f,�t,;..'_i. I ! ! 1144j11__ I z J I ^ 1 � ! GRAPHIC SCALE 0 40 ' �,,�� i i� in � I C:• L , in MT 1 Inah 40 ft" 00 Keynotes z 35. PROP SOIL NAILS I_ C i G. 000 .40 1 �- -_ ro 1 ll � j000, .00 if r = 3 � �///..,/.y'�• � I _ _..:i �" f+'� riles.-"` .f $Y igF 12/12/2016 y I t t,� -r �•,a m a V` it �� `���., �l•::i ./ .�:� �� �� ,Fi0i i.1111,1;�ir,iciD,ta, PROJECT UNTHSC Interdisciplinary Research Building 3500 Camp Bowie Rd. Tit.Worth,TX 76107 JQENGINEERING,LLP CLIENT m 100GUSSSMET DAUASWASM7 2M.75L9028 ,a111G.cou FGALE REV DATE SHEET C3.0 =40' 12/1212016 r 10103tt0:3140298 iBPFfDVdFlt41 I i s Y C- 4✓l/�• f 615 610 EX COMM UNE 605 EX UGE UNE PROP. 6"SEWER UN 600 595 UAVAIJUN 590 Fl.= 600.06 SOIL NAI 586,01 565 580 575 570 3 V-V 615 5' 610 605 PROP. 6'SEWER UN ®DO 595 590 FL a 598.59 OTTOM OF 585 01-�1a1 FL 577,10 530 575 570 5 G � I A-A 19 615 g 610 s 605 600 PRnp A-qrwFg Ilmd Fl - GOD,60 595 PROP. 12 WATER BN OTiMOF 590 S E 577.10 565 575 r.. .� 570 o '1wl 14 m 5 Y 12/12/2016 �m � PROJECT .;, UNTHSC Interdisciplinary Research Building '+ ',I 3500 Camp Bowie Rd. 11 I I t Tj Fit.Worth,TX 76107 JQ ENGINEERING,LlP CLIENT .. f(OGNSSSTBEE) DAItAS,TEXAS 75M7 ' ROM � 214.)52.938 14E1t6.coM SCALE REV DATE SHEET C3.9 � t 1Q1031A3140198 TBPEflAMF-7241 NTA 12/12/2016 33 i / 1 ® DATE(MM/DD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 8/19/2016 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 have ADDITIONAL INSURED provisions or 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). CONT PRODUCER ACIG Insurance Agency, Inc. NAMEACT 2600 N. Central Expwy. Suite 800 PHONE FAX Richardson, TX 75080 (A/CE-MA Lo Ext): 972-702-9004 A/C No): 972-687-0604 ADDRESS: accountmana ers aCl .COm INSURERS AFFORDING COVERAGE NAIC# www.acig.com INSURERA: American Contractors Ins.Co. RRG 12300 INSURED INSURERS: ACIG Insurance Company 19984 J.T. Vaughn Construction, LLC 10355 Westpark Drive INSURERC: Houston TX 77042 INSURERD: INSURER E, INSURER F, COVERAGES CERTIFICATE NUMBER: 31419942 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 ADDTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER MMIDDPOLICY EFF MM/POLICYEXP LTR LIMITS A v/ COMMERCIAL GENERAL LIABILITY GL16A00049 6/1/2016 6/1/2017 EACH OCCURRENCE $ 5,000,000 AMAGE TO RETE A CLAIMS-MADE ❑✓ OCCUR GL16B00049(GL XS) 6/1/2016 6/1/2017 PREM SES(Ea occurDrence $ 100,D00 A GL16C00049(GL XS) 6/1/2016 6/1/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 5,000,000 POLICY ✓�JECOT- LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY ✓ STATUTE ER B Y/N WCA000008616 6/1/2016 6/11/2017 ANYETOR/PARTNER/EXECUTIVE N/A WCA000014916 6/1/2016 6/1/2017 E.L.EACH ACCIDENT $ 1,000,050 B OFFICER/MICER/MEMBER EXCLUDED? N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City Project No.100351 We have issued an industry-standard ACORD certificate of insurance for our customer.Texas state law(S.B.425)prohibits us from adding special wording to the certificate that would(1)alter,amend or extend coverage or terms&conditions provided by the insurance policy;or (2)provide false or misleading information concerning the insurance policy;or(3)refer to a legal or insurance requirement contained in a contract Where applicable endorsements are attached CERTIFICATE HOLDER CANCELLATION UNT City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE _4 Michael J.O'Neill ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 31419942 I VAUGHN 1 16/17 GL WC I Brittany Spencer 1 8/19/2016 3:55:24 PDS (CDT) I Page 1 of 6 This certificate cancels and supersedes ALL previously issued certificates.