HomeMy WebLinkAboutContract 55413Date Received: Mar 16, 2021
Time Received: 2:13 pm
City Secretary
Number: 55413
AGREEMENT
FOR MAINTENANCE OF NON-STANDARD IMPROVEMENTS
THIS AGREEMENT FOR MAINTENANCE OF NON-STANDARD IMPROVEMENTS
("Agreement"), is by and between the City of Fort Worth, a Texas home rule municipal
corporation ("City") and SCP FW Weatherford, LP ("Developer"). City and Developer are
sometimes referred to as a Party or Parties. This Agreement will be effective as of the Effective
Date established herein.
SECTION 1
DESCRIPTION OF PROPERTY
1.01 Developer is the owner of certain property in Fort Worth, Tarrant County, Texas, located at
904 E. Weatherford St., Fort Worth, Texas 76102 and depicted on `Bxhibit 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
B", attached and incorporated into this Agreement.
SECTION 2
DUTIES AND RESPONSIBILITIES
2.01 Developer shall commence, carry on, and provide the services contemplated in the
Contracts (as defined 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.
Developer represents that it has or will secure, at its own expense, all materials, supplies,
machinery, equipment, tools, 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 contract for construction services by the Developer.
Description of items to be maintained — 38 canopy trees, 16 Washington light poles, 6
concrete planters, 7 benches, 4 trash receptacles, and 2 bike racks along E. Weatherford
Maintenance Agreement of Non-Standard Improvements
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CITY SECRETARY
FT. WORTH, TX
Street, North Harding Street and East First Street.
2.02 Developer shall maintain the areas described in Section 2.02 in good working condition
so that the Improvements perform their design function. If pursuant to n o t i c e from 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 promptly inspect the
Improvements and submit an inspection report to the City. Such i nspection 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 2.06 of this Agreement.
2.03 The City shall be responsible for maintaining its streets and travel lanes excluding
the special pavement treatments described 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.
2.05 In the event that any City-owned property, such as utilities, curbs, equipment, turf,
trees, etc., are damaged or destroyed during maintenance of the improvements due to negligence
or acts of omissions by Developer, Developer shall be responsible for all repairs or replacements
of same.
2.06 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.
2.07 The City is not obligated to repair the Improvements beyond a level of City's
standard sp e c i fi c at i o n s. 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, 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
obl igation hereunder and which Developer has failed to perform, Developer, its successors
Maintenance Agreement of Non-Standard Improvements
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or assigns, shall reimburse the City, within thirty (30) days of the City making such demand,
for the costs attributable to such work performed by the City including: (i) the cost difference
between the City's standard street specifications and the I mprovements installed by the
Developer and (ii) 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 take whatever legal steps are necessary to recover from
Developer all reasonable and actual costs incurred by the City for the work performed.
SECTION 3
TERM OF AGREEMENT
The term of this Agreement shall commence upon the Effective Date 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
The Parties acknowledge that the I mprovements 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, special sidewalk and pavement pavers, benches,
proj ect signage, special lighting and other Improvements i n s t a 11 e d o r located i n 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, police and fire
personnel, and other designated representatives, has the right at any time to enter any
portion of the Proj ect 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 same and taking any and all measures necessary for the proper conduct and
operation of City property; provided this shall not authorize or empower the City to direct
the activities of Developer or assume liability for Developer's 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 a threat to life, health, or property, the City shall notify Developer in writing
in accordance with Section 2.06 of this Agreement.
Maintenance Agreement of Non-Standard Improvements
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SECTION 6
INDEMNIFICATION
6.01 DEVELOPER, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS,
ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCL UDING, B UT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO DEVELOPER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
DEA TH, THA T MA Y RELA TE TO, ARISE O LIT OF OR BE OCCASIONED B Y(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 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 RESULTING FROM THE SOLE NEGLIGENCE 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
LA WS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTR UED
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, 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. 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.
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SECTION 7
INSURANCE
Developer shall not commence work under this Agreement until it has obtained and provided
documentation thereof for the insurance required by "Exhibit C", attached hereto and
incorporated herein. Developer shall be responsible for delivering to the City Developer's
certificate of insurance for approval. Any contractors performing maintenance on the
Improvements shall also provide to Developer and City documentation of insurance required by
Exhibit C.
SECTION 8
INDEPENDENT CONTRACTOR
Developer shall perform all work and services hereunder as an independent contractor and
not as an officer, agent, servant ar 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, and employees and sub-consultants/subcontractors. Nothing herein shall be
construed as creating a partnership or joint venture between the City and Developer, its
officers, agents, employees and sub consultants/subcontractors, and doctrine of respondent
superio� has no application as between the City and Developer.
SECTION 9
LICENSES AND PERMITS
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 ar hereafter i n 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
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.
Maintenance Agreement of Non-Standard Improvements
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SECTION 11
TERMINATION AND DEFAULT
11.01 Subject to the provisions of Section ll.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 and to enter
into and take full possession of the City's i nterest in the Project Site, save and except such
personal property and equipment as may be owned by Developer. In the event of such
termination of this Agreement by the City, all rights, duties and privileges of Developer
hereunder shall cease and terminate.
11 A2 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 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 business days after
being placed in the United States Postal Service for delivery to the other party in accordance
with Section 13.
SECTION 12
NON-
DISCRIMINATION/DISABILITIES
Developer, in its installation or maintenance of the Improvements, o f 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 nor will Developer
permit its officers, agents, employees or subcontractors to engage in such discrimination.
Maintenance Agreement of Non-Standard Improvements
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SECTION 13
NOTICES
Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and
addressed to the other pariy as follows:
CITY:
City of Fort Worth
Transportation & Public Works Department
Attn: Assistant Director
200 Texas Street
Fort Worth, Texas 76102
With copv to:
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
SCP FW Weatherford, LP
2722 Routh Street
Dallas, Texas 75201
SECTION 14
VENUE AND JURISDICTION
This Agreement shall be governed by the laws of the State of Texas. Venue for any action
brought to interpret or enforce, or ari sing out of or incident to, the terms of this Agreement
shall be 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) or 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)
Maintenance Agreement of Non-Standard Improvements
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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 i n 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 thereo£ 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.
SECTION 17
RECORDATION
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,
Maintenance Agreement of Non-Standard Improvements
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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 and Exhibits Follow]
Maintenance Agreement of Non-Standard Improvements
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IN WITNESS WHEREOF, the Parties have each executed this Agreement by each party's
duly authorized representative. This Agreement shall be effective upon the execution and
date subscribed by the Ciiy's designated City Manager (`Bffective Date").
CITY OF FORT WORTH
�GIGlGt �GL�GI�4�0�
B�; DanaBur�16,��L22CDT)
Dana Burghdoff, Asst. City Manager
City of Fort Worth
Date: � a r 16, 2021
APPROVED AS TO FORM AND LEGALITY:
8'' �i
B��Black (Mar 16, 20211025 CDT)
Douglas Black
Assistant City Attorney
Date: M a r 16, 2021
ATTEST:
�r�'2 /C�h�%��i � �dl�1�.�c�
B�. rRonaldP.Gonzales(iular16,202113: - DT)
Mary J. Kayser
City Secretary
Date: M a r 16� 2021
DEVELOPER:
By: �
Brian Woidneck, Principal
SCP FW Weatherford, LP
Date: 2 ( ?� 21
M&C:
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person
responsible or the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
;������ ����',�,�,6 �'`,�,��
Janie S. Morales
Development Manager
Maintenance Agreement of Non-Standard Improvements
Revised ]2/28f2018 JLE
pa OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
***THIS PAGE FOR OFFICIAL CITY USE ONLY***
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 Dana Burghdoff, 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 16th day of
March , 20 21 ����----
JENNIFER L. EZERNACK Notary Public STATE OF TEXAS Notary I.D. 130561630 My Comm. Exp. Mar. 1, 2024
Jennifer L
Ezernack
Digitally signed by
Jennifer L Ezernack
Date: 2021.03.16
12:40:54 -05'00'
Notary Public in and for the State of Texas
Maintenance Agreement of Non-Standard Improvements
Page 11 of17
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THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
I I I
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared
, known to me to be the person --�-"-��:th-�-��LQ�2-��K-""'--<-------I 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 _____ _
____ a Texas __________ company, as the act and deed of said liability
company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _)_'"2... __ day of
f'.-ff, g,v P&---'f , 20__._?-_\ __
Notary Public in and for the State of Texas
,,,':.'!V'ttJ,,, BRANDON MARK HOPKINS��,....� ... �� [f(.A,:·��Notary Public, State of Texas �")�•."!3�fj Comm . Expires 02•25·2024 ,,i��1 ,,,,, Notary ID 132375231
I I
Maintenance Agreement of Non-Standard Improvements Revi�cd 12128/2018 JLE Page 12 of 17
EXHIBIT A
PROPERTY DESCRIPTION
Maintenance Agreement of Non-Standard Improvements
Page 13 of 17
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EXHIBIT B
DETAILS OF IMPROVEMENTS
Maintenance Agreement of Non-Standard Improvements
Page 14 of 17
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EXHIBIT C
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate limit,
it shall apply separately to this Project or location.
i. City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a substitute
providing equivalent coverage, and under the commercial umbrella, if
any. This insurance shall apply as primary insurance with respect to any
other insurance or self-insurance programs afforded to City. The
Commercial General Liability insurance policy shall have no exclusions
or endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless City specifically approves such exclusions in writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
covered by the commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if necessary,
commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos, when said vehicle is used in the course of the Project.
If Insured owns no vehicles, coverage for hired or non-owned is acceptable.
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered
by the business auto liability or commercial umbrella liability insurance
obtained by Insured pursuant to this Agreement or under any applicable auto
physical damage coverage.
c. Workers' Compensation — Insured shall maintain workers compensation and
employers liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Maintenance Agreement of Non-Standard Improvements
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Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered
by workers compensation and employer's liability or commercial umbrella
insurance obtained by Engineer pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — If appropriate, Insured shall
maintain professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability policy, or a separate policy specific to Professional
E&O. Either is acceptable if coverage meets all other requirements. Coverage
shall be claims-made, and maintained for the duration of the contractual
agreement and for three (3) years following completion of services provided. The
policy shall contain a retroactive date prior ar equal to the Effective Date of the
Agreement or the first date of services to be performed, whichever is earlier. An
annual certificate of insurance shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not constitute
a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured
thereon, subj ect to any defense provided by the policy, as its interests may
appear. The term City shall include its employees, officers, officials, and agents
as respects the contracted services. Applicable policies shall each be endorsed
with a waiver of subrogation in favor of City with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies documented
thereon. Insured's insurance policy(s) shall be endorsed to provide that said
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
Insured's liability shall not be limited to the specified amounts of insurance
required herein.
d. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. City must approve in writing any
Maintenance Agreement of Non-Standard Improvements
Page 16 of 17
Revised 12/28/2018 JLE
alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength
and solvency.
g. Any deductible or self-insured retention in excess of $25,000 that would change
or alter the requirements herein is subject to approval in writing by City, if
coverage is not provided on a first-dollar basis. City, at its sole discretion, may
consent to alternative coverage maintained through insurance pools or risk
retention groups. Dedicated financial resources or letters of credit may also be
acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Contract Compliance Manager any known loss or occurrence which
could give rise to a liability claim or lawsuit or which could result in a
property loss.
i. City shall be entitled, upon its request and without incurring expense, to review
Insured's insurance policies including endorsements thereto and, at City's
discretion, Insured may be required to provide proof of insurance premium
payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincident with or prior to the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of any
coverage required to be maintained after final payments.
1. City shall not be responsible for the direct payment of any insurance premiums
required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same or
reasonably equivalent insurance coverage as required for Insured. Upon City's
request, Insured shall provide City with documentation thereof.
Maintenance Agreement of Non-Standard Improvements
Page 17 of 17
Revised 12/28/2018 JLE
Exhibit C
DATE(MMIDDIYYYY)
A�� �� CERTIFICATE OF LIABILITY INSURANCE 3/11/2021
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).
PRODUCER CONTACT
Alliant Insurance Services, �IIC. PHONE FAX
1301 Dove St Ste 200 AIC No eXt : aic No : 949-756-2713
Newport Beach CA 92660 A DRIESS: pal e.widri alliant.com
INSURED
SCP FW Weatherford, LP
2711 Routh Street
Dallas TX 75201
COVERAGES
STON
CERTIFICATE NUMBER:630651669
AFFORDING COVERAGE
iNsuReRa,: Scottsdale Insurance
INSURER B :
INSURER D :
INSURER E :
REVISION NUMBER:
NAIC #
41297
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 TYPE OF INSURANCE ADDL SUBR pOLICY NUMBER MM/DD WYY MM/ D WYY LIMITS
LTR
A X COMMERCIALGENERALLIABILITY Y RBS0033201 10/13/2020 10/13/2022 EACHOCCURRENCE $1,OOQ000
CLAIMS-MADE � OCCUR PREM SES� a oocur ence $ 100,000
MED EXP (Any one person) $
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY � PR� � LOC PRODUCTS - COMP/OP AGG $ 2,000,000
X JECT
OTHER: Deductible $ 2,500
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 PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
A UMBRELLA LIAB X OCCUR Y XLS0115061 10/13/2020 10/13/2022 EACH OCCURRENCE $ 5,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
DED RETENTION $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS' LIABILITY Y� N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED? � N�/�
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 107, Additional Remarks Schedule, may be attached if more space is required)
Terrorism is included per TRIA.
The Huntley - 904 E. Weatherford St., Fort Worth, TX 76102.
StoneHawk WeatherFord, LLC, Huntley Public Facilities Corporation, a Texas public facilities corporation, Veritex Community Bank, Fort Worth Housing
Solutions, and Wind Terrace, Inc., are included as Additional Insureds as respects General Liability and Excess Liability if required by written contract, subject
to the terms and conditions of the policies.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Veritex Community Bank
2800 West 7th Street
Fort Worth TX 76107
AUTHORIZED REPRESENTATIVE
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD