Loading...
HomeMy WebLinkAboutContract 47383 (2)195,17SIVED a.0 Z 4 20. CITY SECRET CONTRACT TEMPORARY LICENSE AGREEMENT (1/333 This Temporary License Agreement ("Agreement") is entered into on this(Wadi 15 ("Effective Date") by and between the City of Fort Worth, Texas, a home -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 andKK use . o 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 priority for the use of the Temporary License Agreement OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 1ofl0 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 KIND, 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: Director Park and Recreation Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 With a copy to: Department of Law City of Fort Worth Attn: City Attorney 1000 Throckmorton Fort Worth, Texas 76102 To COMPANY: Attn. Rosa Navejar The Rios Group, Inc. 7400 Sand Street Fort Worth, Texas 76118 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 Maieure 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. 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 FORT WORTH: B Su an Alanis ssistant City Manager Date: � YI a'I I nip - Temporary License Agreement THE RIOS GROUP, INC. By: (1)19L-5 Rosa Navejar President Date: 12/7/15 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 5 of10 APPROVED AS TO FORM AND LEGALI' • Tyler ,Fl e1 Assistant City A p-.rney ATTESTE 114 ai K=y Cityr -� See Contract Author1zation: Temporary License Agreement No M&C Required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6 of 10 i --n Exhibit A Licensed Premises IT T. rtrirarr • •.w For access to Area 1- The contractor shall enter from Old University Road to Trinity Park Court. The access i5 approximately 2,591 feet from University Drive, ,; • . • 1 s/ P./. 1'• • !As . . INS The Licensed Premises for performing vacuum excavation within Area 1 begins at the end of the access point and constitutes a 20' by 20' area represented by the box. r • .;• i 4 Temporary License Agreement 7 of 10 ft The Licensed Premises for performing vacuum excavation within Area 2 begins at the encl of the access point and constitutes a 20' by 20' area represented by the box. 1-4:?;t41 • .- �4 r- lto 0 Tit AI ;lc): AM _ arse . . • For acces to Areas 2 & 3 - The contractor shall enter from 7th Street onto Museum Way to Trinity Park Drive to Trinity Park Court to River Park Drive. The access is Approximately 5645 feet from 7tr' Street entrance to the Park. The Licensed Premises for performing vacuum excavation within Area 3 constitutes a 20'x20' area represented by the box. tie 1 4' Temporary License Agreement 8 of 10 Exhibit B Insurance 1.01 Duty to Acquire and Maintain. Company shall ensure that a pohcy 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 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 9 of 10 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 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 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 CERTIFICATE OF LIABILITY INSURANCE IR LTR TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY A B C D E CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER. POLICY X PRO- JECT OTHER: AUTOMOBILE LIABILITY X X ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB LOC SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE DED I X I RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Professional E & 0 Y/N A(COW 0 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 First Texas Insurance Services, LC 700 Highlander Blvd, Ste Arlington INSURED The Rios Group, Inc. 7400 Sand Street 350 TX 76015 Fort Worth TX 76118 CONTACT Linda Helms NAME: PHONE (817) 275-2626 (AIC, No. Exf: IEMAILESS: linda.helms@£irsttex.com ADDR INSURER(S) AFFORDING COVERAGE DATE (MMIDDIYYYY) 11/6/2015 FAX (817)275-2661 (A/C, Not: INSURER A :Hartford Accident and Indemnity I INSURER B :Sentinel I INSURER C .Hartford I INSURER D :Hartford I INSURER E :Continental Casualty Company IINSURER F: Insurance Company, Ltd Casualty Insurance Company Underwriters Insurance NAIC # 22357 11000 29424 30104 20443 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. ADDL SUBR POLICY EFF POLICY EXP INSfl win POLICY NUMBER (MMIDD/YYYYt (MMIDDIYYYYI LIMITS NIA 46UUNPB9359 8/14/2015 8/14/2016 46UUNPB9359 46XHUPB9254 46WEAF8877 LSH288382434 8/14/2015 8/14/2016 8/14/2015 8/14/2016 8/14/2015 8/14/2016 8/14/2015 8/14/2016 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (My one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per acddent) EACH OCCURRENCE AGGREGATE X I STATUTE I I OH ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT Each Claim/Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER City of Fort Worth Parks and Community Services 4200 South Freeway, Ste 2200 Fort Worth, TX 76115 CANCELLATION 1,000,000 300,000 10,000 1,000;000 2,000,00.0 2,000,000 1,000,006 10,000,000 10,000,000 1,000,000 1,000,000 1,000'1000 5,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Trey Dacy/LH 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401 )