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HomeMy WebLinkAboutContract 51567 3 M1S VCA 9F _ CONTRACT NO. AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES THIS AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES ("Agreement"), made and entered into as of the last day signed by a Party hereto, is by and between the City of Fort Worth, a Texas home rule municipal corporation ("City") and Jackson Shaw / Fort Worth Limited Partnership, a Texas limited partnership (collectively, "Developer"). City and Developer are sometimes referred to as a Party or Parties. SECTION I DESCRIPTION OF PROPERTY 1.01 Developer is the owner of certain property in Fort Worth, Tarrant County, Texas, located 101 West Sth Street, Fort Worth, Texas 76102, and depicted on Exhibit "A", attached and incorporated into this Agreement (the"Developer Property"). 1.02 The City and Developer hereby agree that Developer will provide, furnish, and perform the services specified herein on City-owned sidewalks and right-of-ways (the "Project Site") located adjacent to the Developer Property, as further described in this Agreement in Exhibit "A", attached and incorporated into this Agreement. SECTION 2 DUTIES AND RESPONSIBILITIES 2.01- Developer shall commence, carry on, and provide the services described herein in accordance with this Agreement and its attachments and all applicable laws. In providing such services, Developer shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by the City or the City's authorized representative. 2.02 Developer represents that it has or will secure, at its own expense, all materials, supplies, machinery, equipment, tool s, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide maintenance of the following elements ("Improvements"), all of which are to be installed pursuant to and as more particularly described in the Construction Contract between Developer and Austin Commercial, Developer's general contractor, which contract is the subject of Community and Facilities Agreement Contract No. CFA18-0112 between Developer and the City of Fort Worth Transportation and Public Works Department (such Construction Contract and Community and Facilities Agreement Contract are referred to herein as "Contracts"): a) .Pavers(Houston Street)- Clay Pavers 2 %4"x 4"x 8" by Acme Brick, Yankee Hill Medium Red and Pine Hall Pathway Red, Sand set on reinforced concrete sub-base, Medium Broom Finish Concrete b) Pavers(5�h Street)-Granite Pavers variable sizes (similar to Sundance Square)by Cold .Spring Granite, Mortar Set on reinforced concrete sub-base,Medium Broom Finish Concrete a. Clay Pavers 2 '/4"x 4"x 8"by Acme Brick,Yankee Hili Medium Red and Pine Hall Pathway Red, Sand set on reinforced concrete sub-base b. Concrete Pavers: `Verona' 3.9"x 18"by Pavestone, Charcoal and Bellows Brown, Sand set on reinforced concrete sub-base j c) Pavers(Main Street) -Preservation of existing pavers. Replacements to be: O'Pt�ge1 of 12 _-1-"1 10G 1 ft OFFICNAL REM RD C11Y SECRETARY/ c s4 FT. WORTH,TX c� Clay Pavers 2 '/4"x 4"x S"by Acme Brick, Yankee Hill Medium Red and Pine Hall Pathway Red, Sand set on reinforced concrete sub-base 2.03 The City shall be responsible for maintaining its streets and travel lanes excluding the special pavement treatments (2.02 a, above) in accordance with normal City policies and procedures. The City shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by Developer or the Developer's authorized representative. 2.04 In the event that any City-owned property, such as utilities, equipment, turf, etc., are - damaged or destroyed during watering, or maintenance of the landscape improvements due to negligence or acts of omissions of Developer, Developer shall be responsible for all repairs or replacements. 2.05 In the event Developer, its successor or assigns, fails to maintain the areas described in Section 2.02 in the manner required by this Agreement, City shall provide written notice of the non-compliant conditions to Developer, its successor or assigns. Developer, its successors or assigns, shall make any necessary repairs to comply with this Agreement within thirty (30) days of receipt of such written notice or, if such repairs are not reasonably able to be completed within thirty (30) calendar days, Developer shall have. within that period, begun work on such repairs and shall diligently pursue them to completion, Provided, however, that if the non- compliant conditions creates a condition which poses an immediate threat to life, health, or property such repair shall be completed within thirty (30) days of receipt of written notice. If Developer, its successors or assigns, does not make such repairs as provided herein, the City may enter upon the Project Site and take whatever steps reasonably necessary to correct the non-compliant conditions and to charge the costs of such repairs to Developer, its successors and assigns. 2.06 The City is not obligated to repair Improvements beyond a level of City's standard street or pavement design. In the event however, the City pursuant to this Agreement performs any work of any nature that is Developer's obligation hereunder and which Developer has failed to perform pursuant to Section 2.05 above, or the City expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like that is Developer's obligation hereunder and which Developer has failed to perform pursuant to Section 2.05 above, Developer, its successors or assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof, for the costs attributable to such work performed by the City including, if such repair is made, the cost difference between (i) the City's standard street pavement design and (ii) the I mprovements installed by the Developer and for the total cost of any repairs that are outside of the street pavement area. In the event that Developer or its successors or assigns fails to pay the City for the costs incurred under this section, the City may impress a lien for the costs of such work upon the adjacent lot(s) within the Developer Property. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. A release of lien shall be filed i n the office of the County Clerk of Tarrant County, Texas upon reimbursement by Developer for all reasonable and actual costs incurred by the City for the work performed. Page 2 of 12 SECTION 3 TERM OF AGREEMENT 3.01 This term of this Agreement shall commence upon Developer commencing any work on the Project Site pursuant this Agreement and shall continue until the earlier of (i) Developer's permanent removal of the Improvements from the Project Site and restoration of the Project Site to the then-existing City standards or (ii) the earlier termination of this Agreement as provided herein. SECTION 4 TITLE AND CONSTRUCTION 4.01 The Parties acknowledge that the Improvements to be maintained as provided in this Agreement are the subject of the Contracts and that all necessary reviews, approvals, consents, inspections and modifications of such Improvements, if any, have been or will be made pursuant to those Contracts. Subject to the provisions of the Contracts, Developer shall retain ownership of the landscaping plants, special sidewalk and pavement pavers, benches, project signage, special lighting and other Improvements located in the City right-of-way pursuant to the Contracts. SECTION 5 RIGHT OF ACCESS 5.01 City through its Manager, Transportation and Public Works Director, Water Department, police and fire personnel, and other designated representatives, has the right at any time to enter any portion of the Project Site (without causing or constituting a termination of the use or an interference of the use of the Project Site by Developer) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of property, provided this shall not- authorize or empower City to direct the activities of Developer or assume liability for Developers activities. 5.02 The City will have the right but not the obligation to make routine inspections of the Project Site. In the event the City observes non-compliance of an area or a condition which poses an immediate threat to life, health, or property, the City shall notify Developer in writing and give Developer time to correct the area in accordance with Section 2.05 of this Agreement. 5.03 Developer shall maintain the areas described in Section 2.02 in the manner required by this Agreement. If, as a result of any inspection by the City, Developer is made aware of any deficiency in the safe and proper functioning of the Improvements described in Section 2.02 then Developer shall submit an inspection report to the City. Such inspection report shall (i) note any areas described in Section 2.02, or portions thereof, which need maintenance or replacement to perform their design function and (ii) address the corrective actions to be taken by Developer in accordance with Section 2.05 of this Agreement. SECTION 6 INDEMNIFICATION 6.01 DEVELOPER, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES, HARMLESS 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/OR PERSONAL INJURY, Page 3of12 INCLUDING DEATH, THAT MAY RELATE TO,ARISE OUT OF OR BE OCCASIONED BY (i) DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS,AGENTS,ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO LANDSCAPE MAINTENANCE OR THE PERFORMANCE OF DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY TO THE EXTENT RESULTING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS 6.02 Developer, its successors or assigns, covenants and agrees that City shall in no way nor under any circumstances be responsible for any property belonging to Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which may be stolen, destroyed, or in any way damaged (except to the extent resulting from the negligence or intentional misconduct of the city or its officers, agents, employees, or separate contractors), and the Developer hereby releases the City from any and all such claims. The City does not guarantee police protection and will not be liable for any loss or damage sustained by Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on the Project Site (except to the extent resulting from the negligence or intentional misconduct of the city or its officers, agents, employees, or separate contractors). It is further agreed that the acceptance of this release shall not constitute a waiver by the City of Fort Worth of any defense of governmental immunity, where applicable. or any other defense recognized by the statutes and court decisions of this State. SECTION 7 INSURANCE 7.01 Developer shall not commence work under this Agreement until it has obtained all the insurance required under the Contracts and the City has approved such insurance. Developer shall be responsible for delivering to the City Developer's certificate of insurance for approval. Subcontractors shall provide to Developer documentation of insurance reasonably equivalent to that required of Developer's General Contractor under the Construction Contract, according to the liability exposures related to the subcontractor's services and/or materials (or shall be covered by Developer's or the General Contractor's insurance). A. Commercial General Liability Insurance: Developer shall procure and maintain during the life of this Agreement and any extension period, a commercial general liability insurance policy in the amount not less than $1,000,000 covering each occurrence. B. Worker's Compensation Insurance: Developer shall procure and maintain during the life of this Agreement and any extension period, Workers' Compensation and Employers' Liability insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code Ch. 406, as amended) and Page 4of12 minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $100,000 each disease per employee and $500,000 disease policy limit. C. Automobile Insurance: Developer shall procure and maintain, during the life of this Agreement and any extension period, a comprehensive bodily injury and property damage automobile liability policy in the amount not less than $1,000,000.00 for each accident. This policy shall cover any automobile used by Developer within the scope of this Agreement. 7.02 The insurance specified in 7.01 .hereof shall comply with the following requirements: a. The City of Fort Worth, its officers, employees, and volunteers shall be named as an Additional Insured on Developers Insurance Policies. The additional insured status does not apply to Worker's Compensation policies. b. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. c. Each insurance policy shall contain a provision stating that the insurer shall endeavor to provide the City a minimum thirty (30) days' notice of cancellation, non-renewal,and/or material change in policy terms or coverage. A ten-day notice shall be acceptable in the event of non-payment of premium. d. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. e. 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 the City's risk management department. If the rating is below that required, written approval of the City's risk management department is required. f. 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. g. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". h. The City, at its sole discretion, reserves the right to review the insurance requirements i. and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide at Ieast ninety (90) days prior written notice of any revised requirements. i. Deductible limits, or self-funded retention limits, on each policy must not exceed $50,000.00 per occurrence (so long as commercially available) unless otherwise approved by the City. j. City will not be responsible for the direct payment on insurance premium costs for Developer's insurance. k. Developer's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 1. While this Agreement is in effect, Developer shall report, in a timely manner, to the City any known loss occurrence in the Project Site that could give rise to a liability claim or lawsuit or which could result in a property loss. in. Upon the request of City, Developer shall provide evidence of insurance policies required by this Agreement. Page 5 of 12 n. Insurance certificates satisfactory to the City must be received before Developer can begin work under this Agreement. Failure to supply and maintain such insurance shall be a breach of contract. 7.03 The City acknowledges that the insurance described on the Insurance Certificate attached hereto as Exhibit "B"satisfies the insurance requirements of this Agreement. SECTION 8 INDEPENDENT CONTRACTOR 8.01 Developer shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Developer shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein shall be construed as creating a partnership or joint venture between the City and Developer, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondeat superior has no application as between the City and Developer. SECTION 9 LICENSES AND PERMITS 9.01 Developer shall comply with all federal, state and local laws, rules and regulations as well as with all regulations, restrictions and requirements of the police, fire and health departments now or hereafter in effect which are applicable to its operations. Developer shall obtain and keep in effect at its own cost and expense all licenses, permits, and taxes incurred or required i n connection with this Agreement and its operations hereunder. SECTION 10 LIENS 10.01 Developer, its successors or assigns, agrees that it shall do no act nor make any contract that may create or be the foundation for any lien upon or interest in the City's property, and any such contract or lien attempted to be created shall be void. Should any purported lien on City property be created or filed, Developer, its successors or assigns, at its sole expense, shall discharge same within thirty (30) days after notice from City to do so. SECTION 11 TERMINATION AND DEFAULT 11.01 Subject to the provisions of Section 12.02 below, in the event Developer fails to comply with any of the terms and conditions of this Agreement after notice and the passage of the appropriate cure period provided in this Agreement, City shall have the right, and without further notice, to declare this Agreement immediately terminated by written notice to Developer and to enter into and take full possession of the City's interest in the Project Site, save and except such personal property and equipment as may be owned by Developer. In the event of such cancellation of this Agreement by the City, all rights, duties and privileges of Developer hereunder shall cease and terminate. 11.02 Developer shall be notified by written correspondence of Developer's failure to comply with any of the terms and conditions of this Agreement. Developer shall have thirty (30) calendar days Page 6 of 12 from the date of written correspondence to correct deficiencies or, if such deficiencies are not reasonably able to be corrected within thirty (30) calendar days, Developer shall have, within that period, begun work on such corrections and shall diligently purse them to completion. 11.03 Upon termination, the parties shall be released from all obligations contained in this Agreement except for any indemnification obligations pursuant to Section 6 of this Agreement occurring prior to the effective date of such termination. 11 .04 Termination notice shall be considered rendered three (3) business days after placed in the United States Postal Service for delivery to the other party in accordance with Section 13. SECTION 12 NON-DISCRIMINATION/DISABILITIES 12.01 Developer, in its maintenance, occupancy, or use of the Project Site shall not discriminate against any person or persons because of race, age, gender, religion, color, national origin, sexual orientation, or disability. SECTION 13 NOTICES 13.01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and addressed to the other party as follows: CITY: City of Fort Worth Transportation &Public Works Department Attn:Assistant Director for _ _ 6' - Fort Worth, Texas 76102 With copy to: City Attorney's Office logo+hrM*MMt= 6, s 15i 1�, Fort Worth,Texas 76102 DEVELOPER: Jackson Shaw/Fort Worth Limited Partnerships 4890-Alpha Roads Suite-100 Dallas,TX 75244 Attn: Michele Wheeler Email: mwheel erg acksonshaw.com SECTION 14 VENUE AND JURISDICTION 14.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be Page 7 of 12 in Tarrant County. Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 15 ASSIGNMENT 15.01 Developer agrees that it will not assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City and any attempted assignment of same without such prior consent of the City shall be void except that Developer may, without prior written consent, assign any or all of its rights, privileges or duties hereunder to an affiliate (defined as an entity under common control with Developer), to an authorized Public Improvement District whose boundaries include the Project Site("Allowed Assignment"), or to the purchaser of the Developer Property as provided in Section 15.03 below. In the event of an Allowed Assignment, Developer will notify the City within thirty (30) days of such assignment. If notice of an Allowed Assignment is not provided within thirty (30) days to the City such assignment shall be void. In the event of an assignment permitted above, Developer shall automatically be released from any further obligation or liability under this Agreement. Notwithstanding the foregoing, or anything in this Agreement to the contrary, it is understood and agreed that Developer will contract or subcontract various parts of its obligations hereunder to others to perform on behalf of Developer, and such contracting or subcontracting is expressly permitted hereunder. 15.02 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any. 15.03 Notwithstanding anything herein to the contrary, no provision of this Agreement shall be construed to prohibit or restrict Developer's ability to sell, lease, pledge or otherwise transfer the Developer Property or any part thereof. Upon any such transfer of the Developer Property, the benefits and obligations of this Agreement shall run with the Developer Property, or portion thereof, and bind Developer's successors in interest in proportion to the interest in the Developer Property so transferred. SECTION 16 WAIVER, SECTION HEADINGS, AND SEVERABILITY 16.01 In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Developer or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 16.02. The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. 16.03 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. Page 8 of 12 SECTION 17 SUCCESSORS AND ASSIGNS 17.01 This Agreement shall be recorded in the Real Property Records of the applicable county and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Developer Property and Project Site, or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Developer Property and Project Site and to the City. SECTION 18 ENTIRE UNDERSTANDING 18.01 This written instrument including all Attachments, Schedules, and Exhibits attached hereto constitutes the entire agreement by the Parties concerning this Agreement and the obligations of the Parties, and any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the Parties. 18.02 Neither this Agreement nor any provision hereof may be modified except by an instrument in writing, signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 18.03. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, taken together, shall be one and the same instrument. Electronic signatures and facsimile,pdf or other copies of original signatures shall be binding as originals. [Signature Pages Follow] Page 9of12 IN WITH ESS WHEREOF, the parties have executed this Agreement in multiple counterparts. CITY OF FORT WORTH By: Assistant City Ma;iager Date: 1 201 W Approved as to Form and Legality By: %d2x:� Assistant City Attorney ATTEST Y sT nd, ' By. •� City Secr M&C: Date: a Page 10 of 12 OFFI L RECORD CITY SECRETARY F's: oRno'TX DEVELOPER: JACKSON SHAW/FORT WORTH LIMITED PARTNERSHIP, a Texas limited liability partnership By: JSC Fort Worth GP, LLC A Texas limited liability company, its general partner By: � AltCi(/�j(, Name: Michele Wheeler Title: Vice President Date: October 26, 2018 Page 11 of 12 OFFICOAL REC-OR ' CITY SECRETARY FT. WORTH,TX THE STATE OF TEXAS § COUNTY OFTARRANT § BEFORE ME, the underA.,y] ^'iYfinri#. a Notary Public in and for the State of Texas, on } 5'l�o; ' this day personally appeared �1� , 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 City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �_ day of V !ILV �lw ey , 2018. r ; � P1A"r'M .SAICtrZ Nota Public in an for the Stateff Texas My Notary I#2256490 F of;;;�:� >=x;oire5 Decembar 419,202.1 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Michele Wheeler , 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 Vice President of JSC Fort Worth GP, LLC, a Texas limited liability company, in its capacity as the general partner of JACKSON SHAW 1 FORT WORTH LIMITED PARTNERSHIP, a Texas limited partnership, on behalf of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of October ,2018. z ,,0""" JANA nAVIP§PN Noary Public i;and for the State of Texas , + Notary Rtblig, 5tgta of Texas Vorom. Unlrofi A3-24.2020 Notary ICS 1 X009442^1 OFFICIAL RECORD Page 12 of 12 %,17V SECRETARY 4847-4807-5891 v.2 7316-70 - Z L L 9L Xl'H1NOM.LdO.4 NfVW ONV HIS 7910H DY E — MW4S NOS)IDYF s B pp d Ni� €a, a° l fl kYs�58.� s1FsFE Ml ,I I o I I I ' I I — y4 i mN® L I ma I I 4FFF�� amemam: f 14h S;z.+ ai LIJ fL I I � a a : A qg e $$ ¢¢ E 55 3 x f till �. IES fkl , 11 j 1 tl jf M, 1 EXHIBIT B A �® CERTIFIGAW ®r LIABILITY Y INSURANCE °ATE 1013012018 ) 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 CONTACT NAME WILLIS OF TEXAS,INC.(972)385-98001(800)445-0115 NCNNo Ext: FAJC NO 15305 NORTH DALLAS PARKWAY,SUITE 1100 E-MAILADDRESS: ADDISON,TX 75009 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A: AGE AMERICAN INSURANCE COMPANY 22667 INSURED INSURER B: INDEMNITY INS,CO.OF NORTH AMFRICA 43575 AUSTIN COMMERCIAL, INC. INSURER C: AUSTIN COMMERCIAL, LP INSURER b: 3535 TRAVIS STREET,SUITE 300 DALLAS,TEXAS 75204 INSURER F: INSURER F: COVERAGES CERTIFICATE NUMBER: 1417 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 POLICIEE�S.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL7R TYPE OF INSURANCE INSR W/bR POLICY NUMBER IYPOLICY EFF POLICY LIMITS MMIDDYYY MMlDDIYYYYYY A GENERAL LIABILITY X HDO G71075874 10/01/18 10/01/19 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO (Ea RENTED occurrence) $ 100,000 _ CLAIMS-MADE IX I OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 4,000,000 POLICY PROJECT' LOC $ A AUTOMOBILE LIABILITY X ISA H09091282 10/01/18 10/01/19 (aaB ident) SINGLE LIMIT $ 2,000,000 ANYAUTO BODILY INJURY(Per person) $ AUTOSALL OWNED SCHFDULED BODILY (Per accident) $ XFz: ED PRPR Y . J }AMAE Sn - $ UMBRELLA ILIAD OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ brD I RETENTION$ $ WORKERS COMPENSATION - B WLR 048583489 10/01/18 10/01/19 X TORY LIMITS ER AND EMPLOYERS'LIABILITY YIN A ANY PROPRIETORIPARTNERIEXECUTIV� NIA WLR 048583490(CAI AZ) 10/01/18 10/01/19 E.L.EACH ACCIDENT $ 1,000,()00 A OFFICERIMEMBER EXCLUDED? (Mandatory in NH) SCF C48583507(WI) 10/01/18 10/01/19 E.L.DISEASE-EA EMPLOYE1$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:Austin Commercial,LP-Marriott AC Fort Worth(offsite and non-ACIP coverage)(ACLP Job No. 1808) Where required by written contract or written agreement,the City Of Fort Worth, Texas(Owner of Right Of Way)and its officers, employees and volunteers are additional insureds with respect to the General Liability and Automobile policies above. The policies only apply to theOFF-SITE activities of the insureds and coverages not part of the ACIP insurance program on the project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 THROCKMORTON ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH,TEXAS 76102 AUTHORIZED REPRESENTATIVE *Aq, ` ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD EXHIBIT B A CERTIFICATE ®F LIABILITY INSURANCE u10/30/2018YY1 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 endorsements. PRODUCER CONTACT NAME WILLIS OF TEXAS,INC.(972)385-98001(800)445-0115 HON1Vo E,_-xt]____, I FAlC.No: 15305 NORTH DALLAS PARKWAY,SUITE 1100 ADDRESS: ADDISON,TX 75001 INSURER(S)AFFORDING COVERAGE NAIL It INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED INSURER B: WESTCHESTER FIRE INSURANCE CO. 10030 AUSTIN COMMERCIAL,INC. ACE AMERICAN INSURANCE COMPANY 22667 AUSTIN COMMERCIAL,LP INSURER C: INSURER D: 3535 TRAVIS STREET,SUITE 300 DALLAS,TEXAS 75204 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1418 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 1S SUBJECT TO ALL THF TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDD MMIDD A GENERAL LIABILITY X GLO 0220064-00 08/16/17 08/16/22 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occuence) $ 100,000 CLAIMS-MADE IX I OCCUR MED EXP(Any ane person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY 0 JJECT D LOG $ AUTOMOBILE LIABILITY X ISA H09091282 10/01/18 10/01/19 (Eaacdde°t) E IMIT $ 2,000,000 ANY AUTO BODILY INJURY(Perperson) $ 1XX AUTOSNEDAUTOSULEDBODILY INJURY(Per accident) $ HIRED AUTOS X AUTO WT`IED PROPERTY rOaccldentDAMAGE $ B UMBRELLA LIAB X OCCUR X 646803802001 08/16/17 08/16/22 EACH OCCURRENCE $ 15,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 15,000,000 DED RETENTION$ $ WORKERS COMPENSATIONTATU- OTH- A AND EMPLOYERS'LIABILITY YIN WCO22006300 08/16/17 08/16/22 X TORY L M T E _ ANY PROPRIETORfPARTNFRIFXECUTIVTA NIA F.L.EACH ACCIDENT $ 1,000,000 (Mandatary in Nyf EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 _ IDESGcrescribn under RIPTIONOFOPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B EXCESSIUMBRELLA LIABILITY X 646803826001 08/16/17 08716/22 $10M PART OF$35M A EXCESSIUMBRELLA LIABILITY X AEC 0259508-00 08/16/17 08/16/22 $25M PART OF$351M DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,lr more space is required) RE: Austin Commercial!,LP-Marriott AC Fort Worth (ACIP,onsite insurance) (ACLP Job No.1808) Where required by written contract orwritten agreement, the City of Fort Worth, Texas(Owner of Right of Way)and its officers, employees and volunteers are additional insureds with respect to the General Liability, Automobile Liability and Excess Liability policies above. The policies above only provide coverage for work conducted at or emanating from the ACIP project site, in accordance with the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 THROCKMORTON ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH,TEXAS 76102 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2014105) The ACORD name and logo are registered marks of ACORD Contract Compliance Manager By signing I acknowledge that I am the person responsible For the monitoring and administration of this contract, including Ensuring all performance and report requirements. Janie Scarlett Morales Development Manager MI MI. RECORD CITY SECRETA14Y FT. WORTH$TX