HomeMy WebLinkAboutContract 57435 Date Received: 04/20/2022 Permit No.: MAINT22-002
Time Received: 11:52 am City Secretary No.: 57435
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 UG Magnolia LP, a Texas Limited Partnership ("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 1066 W. Magnolia Ave, Tarrant County, 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 B-I", "Exhibit B-2", and"Exhibit B-3", 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.
2.02 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.
OFFICIAL RECORD
CITY SECRETARY
Maintenance Agreement of Non-Standard Improvements FT.WORTH,Tx
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a. Description of items to be maintained —brick paver sidewalk, landscaping, and
irrigation systems more fully depicted in Exhibits B-1, B-2, and B-3.
2.03 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 notice 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 (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.
2.04 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
Maintenance Agreement of Non-Standard Improvements
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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 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 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
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 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 in
Maintenance Agreement of Non-Standard Improvements
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accordance with Section 2.06 of this Agreement.
SECTION 6
INDEMNIFICATION
6.01 DEVELOPER, ITS SUCCESSORS OR ASSIGNS,AGREES TO DEFEND,
INDEMNIFYAND HOLD THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES,
HARMLESS AGAINST ANYAND ALL CLAIMS, LAWSUITS,ACTIONS, COSTS AND
EXPENSES OF ANY KIND, INCL UDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO
DEVELOPER'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR
PERSONAL INJURY, INCLUDING DEATH, THAT MAYRELATE 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 CITI) 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 APPL Y TO ANY
LIABILITYRESULTING 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 COMPARATIVELYIN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED ASA WAIVER OF THE CITY'S GOVERNMENTAL
IMMUNITYAS 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 and provided
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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 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
in 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
Maintenance Agreement of Non-Standard Improvements
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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 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 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, 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:
UG Magnolia LP
202 Avondale Street
Houston, TX 77006
With a copy to:
Nathaniel Lounsbury
1503 Nickerson Street
Austin, Texas 78704
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 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)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
Maintenance Agreement of Non-Standard Improvements
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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.
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
Maintenance Agreement of Non-Standard Improvements
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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]
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").
Maintenance Agreement of Non-Standard Improvements
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CITY OF FORT WORTH DEVELOPER:
U/Magn ia, LPBy:DJDJ Haa 18,202216:45 CDT) BDJ Harrell Neer Walvekar
Director of Development Services TITLE: Authorized Representative
Date: Apr 18,2022 Date: 2 6 �
Approved as to Form and Legality
WA
By: Mack(Apr 15,2022 15:23 CDT)
Douglas Black
Assistant City Attorney
Date: Apr 15,2022
ATTEST
7�t��ette� Goocl�tGG v° �oRro*oo�By. Apr 2 T 1� 0Jannette S. Goodall 0�, =°City Secretary �Pa
ddd
0000000
Date: Apr 20,2022 a���Zl EXASaap�
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Janie S. Morales, Planning Manager
Development Services
Date: Apr 15,2022
OFFICIAL RECORD
CITY SECRETARY
Maintenance Agreement of Non-Standard Improvements FT.WORTH,Tx
Page 10 of 18
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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, 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 18th day of
Apri 1 12022
o,�p.RYPGe/ BICH SON THI NGUYEN
B i c h so n Digitally signed by
2 n Notary Public Bichson Nguyen
.►®• STATE OF TEXAS Date: 2022.04.19
9jFoF c P Notary I.D..Oct. 13, Nguyen '
My Comm.Exp.Oct. 13,2025 17:27:15 -05 00
Notary Public in and for the State of Texas
OFFICIAL RECORD
CITY SECRETARY
Maintenance Agreement of Non-Standard Improvements FT.WORTH,TX
Page 11 of 18
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THE STATE OF TEXAS §
COUNTY OF T"-r — §
�\a4vls
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared �0-0_ar �,`�JQ.�4r' ,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 purposesand consideration therein expressed, as radio.
a Texas �1''�Lti¢��OC+ company, as the act and deed of said liability
company. I
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
Notary Public in and for e State of Texas
LUKE ELLSWORTH PHILLIPS
;Notary Public, State of Texas
zN = Comm. Expires 09-1'7-2023
%i rF'OF'SF,�
.,, . Notary ID 132175643
OFFICIAL RECORD
CITY SECRETARY
Maintenance Agreement of Non-Standard Improvements FT.WORTH,Tx
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EXHIBIT A
PROPERTY DESCRIPTION
Maintenance Agreement of Non-Standard Improvements
Page 13 of 18
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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
Maintenance Agreement of Non-Standard Improvements
Page 15 of 18
Revised 12/28/2018 JLE
employers liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
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
Proj ect.
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.
Maintenance Agreement of Non-Standard Improvements
Page 16 of 18
Revised 12/28/2018 JLE
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
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 18
Revised 12/28/2018 JLE