HomeMy WebLinkAboutContract 56735 Date Received: Nov 29,2021 Permit No.: MAINT21-012
Time Received: 12:06 pm Contract No.: 56735
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 DRL-DFW HOUSING PARTNERS,LLC ("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 2824 Weisenberger Street 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 rights-of-way(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.
a. Maintenance of one(1)Bike Rack within ROW
2.02 Developer shall maintain the areas described in Section 2.02 in good working
Maintenance Agreement of Non-Standard Improvements
Revised 12/28/2018]LF.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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 inspection report shall (1)
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 specifications. 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
obligation hereunder and which Developer has failed to perform, Developer, its successors
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 Improvements installed
Maintenance Agreement of Non-Standard Improvements
Revised 12/28/2018 JLE Page 2 of 17
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
'ITETl IVU 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 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, special sidewalk and pavement pavers, benches,
project signage, special lighting and other Improvements installed or located in the City
right-of-way pursuant to the Contracts.
SECTION 5
R GHT 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 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 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 i
n accordance with Section 2.06 of this Agreement.
SEC 1`- ON 6
INDEMNIIFICATION
Maintenance Agreement of Non-Standard Improvements
Revised 12/28/2018 ME Page 3 of 17
®11 DEVELOPER,
[1/ILiVELOP llll; ITS s]> SUCCESSORS ClLilCrS ORS OR ASSIGNS, AGREES T® DEFEND,
,
INDEPIJNIIFY AND HOLD THE CITY ITS OFFICERS, AGENTS AND
EMPLOYEES,
HARMLESS AGAINST ANYANA ALLCLAIMS, LAWSUITS,
ACTIONS, COSTSAND EXPENSES 0EAN11 KIND, INCLUDING, BUT 1O/
1LII'VIITEID TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO DEVELOPER IS BUSINESSAND ANY
RESULTING LOST PROFITS)AND/OR .PERSONAL INIIURY IINCLIUDING
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 (U)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF DEVELOPER, ITS OFFICERS,AGENTS,ASSOCIATES,
EMPLOYEES, CONTRACTORS(OTHER THAN THE CITY) OR
SUBCONTRACTO, RS, RELA TED TO MAINTENANCE OR, THE PERFOrMANCEO D]c_ ELO EL ' OBLIGATIONS UNDER THIS A REE111,1ENT,EXCEPT THAT
THE 11PVI➢EMP\11TY PROVIDED FOR IN THIS PARAGRAPH SMALL NOT APPLY
/TO�AyN�Y LIABILITY
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LAWS OF THE ,S ATE O/1' TEl94S- NOTHING �ZE1l9ILiIN Str-I�ALILi 11�1Li
CONSTRUED ASA WAIVER OF THE CITY°S GOVERPVMENTAL IMMUNITI
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.
SECTION 7
INSURANCE
Developer shall not commence work under this Agreement until it has obtained a n d
Maintenance Agreement of Non-Standard Improvements
Revised 12/28/2018 ME Page 4 of 17
provided documentation thereof for theinsurance required by"ExhibitC",
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 al so 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 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, 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 superior 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 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
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 11.02 below, in the event Developer fails to
comply with any of the teens and conditions of this Agreement after notice and the
passage of the appropriate cure period provided in this Agreement, City shall have the right,
Maintenance Agreement of Non-Standard Improvements
Revised 12/28/2018 ME Page 5 of 17
and without further notice, to declare this Agreement immediately terminated 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
termination 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 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 termi nation.
11.04Termination 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, of 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.
SECTION 13
NOTICES
Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and
addressed to the other party as follows:
Maintenance Agreement of Non-Standard Improvements
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CITY:
City of Fort Worth
Transportation &Public Works Department
Attn:Assistant Director
200 Texas Street
Fort Worth, Texas 76102
With copy to:
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
DRL-DFW Housing Partners, LLC
6628 Bryant Irvin Rd., Suite•44.9- aR OF
Fort Worth, Texas 76132
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 arising out of or incident to, the ternis 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)
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 pennitted
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.
Maintenance Agreement of Non-Standard Improvements
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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.
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,
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
Maintenance Agreement of Non-Standard Improvements
Revised 12/28/2018 JLE Page 8 of 17
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]
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 City's designated City Manager("Effective Date").
CITY OF FORT WORTH DEVELOPER:
DRL-DFW Housing Partners, LLC
Maintenance Agreement of Non-Standard Improvements
Rcviscd 12/28/2018 ME Page 9 of 17
By: DJ Harrell(Nw 19,202114:58 CST) By:
DJ Harrrell, Director jj . LivingsDevelopment Services
Date: Nov 19,2021
Date:
APPROVED AS TO FORM
AND LEGALITY:
010�
By:DBlack(Nov 15,202112:"0 CST) M&C:
Douglas Black
Sr. Assistant City Attorney
Law
Date: Nov 15,2021
ATTEST: CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person
responsible or the monitoring and administration
By: of this contract, including ensuring all
Ronald Gonzales performance and reporting requirements.
Acting City Secretary A� r�>Z
�O°°°OR°°���
��►o° ��� d Janie S. Morales
Date: Nov 25,2021 0"o O.A 0 Development Manager
t�V0 °_�
°oo °°o°4 gy
Y� oIci
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OFFICIAL RECORD
CITY SECRETARY
Maintenance Agreement of Non-Standard Improvements FT.WORTH, TX
Revised 12/28/2018 JLE Page 10 of 17
WAM
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 DJ Harrell, Director, 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 19th day of
November 20 21
Jennifer L. Digitally signed by
le:
JENNIFER L. EZERNACK • JenniferL.Ezernack
Notary PublicDate:2021.11.19
STATE OF TEXAS EzernackNotary I.D. 130561630 15:06:55-06'00'
My Comm. Exp. Mar. 1,2024 Notary Public in and for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Maintenance Agreement of Non-Standard Improvements
Page 11 of 17
Rcviscd 12/28/2018 JLE
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 Don R. Livingston, 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
DRL-DFW Mousing Partners, LLC a Texas Limited Liability Corporation, as the act and
deed of said liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _4+in day of
20 a
`CYNTHIA WAGNON
Notary ID#129964813
My Commission Expires ( ,
September 19, 2022
¢' Notai y Public in and for a State of Texas
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Maintenance Agreement of Non-Standard Improvements
Page 12 of 17
Revised 12/28/2018 JLE
IEXHfMTt A
PROPERTY D EScCRf P 1'TffGlN
Maintenance Agreement of Non-Standard Improvements
Revised 12/28/2018 JLE Page 13 of 17
Exhibit A
LEGAL DESCRIPTION
BEING a 48 square foot(0.0011 acre) tract of land situated in the William Bussell Survey, Abstract No. 151, City of
Fort Worth, Tarrant County, Texas, and being a portion of Weisenberger Street, a 60 foot Right-of-Way according to
the plat recorded in Volume 388-A, Page 120 of the Plat Records of Tarrant County, Texas, and being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod with "KHA" cap found for the southwest corner of Lot 14R, Block 6,
Weisenberger Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in
Instrument No. D220337811 of the Official Public Records of Tarrant County, Texas;
THENCE South 44°46'39" East, a distance of 8.49 feet to the POINT OF BEGINNING;
THENCE South 89°46'27" East, a distance of 8.00 feet to a point for corner, from which a 5/8-inch iron rod with
"KHA" cap found for the southeast corner of said Lot 14R bears North 86°14'06" East, a distance of 86.21 feet;
THENCE South 0°13'33"West, a distance of 6.00 feet to a point for corner;
THENCE North 89°46'27"West, a distance of 8.00 feet to a point for corner;
THENCE North 0°13'33" East, a distance of 6.00 feet to the POINT OF BEGINNING and containing 48 square feet
or 0.0011 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement tract.
V� OF T MAINTENANCE AGREEMENT AREA
_ ?:•''(,1STE ••may WILLIAM BUSSELL SURVEY
JOSHUA D. WARGO `'''• �� �° •''s ABSTRACT NO. 151
REGISTERED PROFESSIONAL ..... .......................• .. TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO
UN CHERRY STREET Kimlev))) Horn
6391 �,:•
UNIT 11 SUITE 1300 •'•'O� Q-.�
FORT WORTH, TEXAS 76102 9•''•�FESS\).G:•'o
•• 801 Cherry Street,Unit 11,#C.� Fort Worth,Texas 76102 3 FIRM#10194040 w .kimley-horn cam817) 1
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L4 WEISENBERGER STREET
0.0011 ACRES A 60-FOOT RIGHT-OF-WAY
48 SQ. FT. (VOL. 388-A, PG. 120) LINE TABLE
LEGEND NO. BEARING LENGTH
L1 S44'46'39"E 8.49'
P.O.C.=POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING L2 S89'46'27"E 8.00,
IRFC=IRON ROD W/CAP FOUND
IRF=IRON ROD FOUND L3 S00'13'33"W 6.00'
L4 N89'46'27"W 8.00,
NOTES: L5 N00'13'33"E 6.00'
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the easement tract.
�E OF MAINTENANCE AGREEMENT AREA
WILLIAM BUSSELL SURVEY
JOSHUA D. WARGO" '' ''s ABSTRACT NO. 151
REGISTERED PROFESSIONAL ,•,;,,,,,,,,,,,,,,,,,,,,,,, ,,, TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO
CHERRY STREET Kimlev* Horn
6391
UN
UNIT 11 SUITE 1300 �'•'O� Q-,�
FORT WORTH, TEXAS 76102 94•,'•�FESS��,:•'o
„ y 130 801 Cherry Street,Unit 11,# 0 Tel.No.(817)335-6511
PH. 817-335-6511 Q ,S U•R vG` Fort Worth,Texas 76102 FIRM#10194040 w .kimley-hom.com
josh.wargo@kimley-horn.com Scale Drawn by I Checked by Date Protect No. Sheet No.
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EXHIBIT B
DETAILS OF IMPROVEMENTS
Maintenance Agreement of Non-Standard Improvements
Revised 12/28/2018 ME 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 prunaiy 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
Revised 12/28/2018 ME Page 15 of 17
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 or 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, subject 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
Revised 12/28/2018 ME Page 16 of 17
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.
in. 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
Revised 12/28/2018 ME Page 17 of 17