HomeMy WebLinkAboutContract 53374 ` 34g6,
3
CITY SECRETARY
CONTRACT NO. 533 7
DOFF �E(ARY �s AGREEMENT
GS FOR MAINTENANCE OF NON-STANDARD IMPROVEMENTS
1 f i& S AGREEMENT FOR MAINTENANCE OF NON-STANDARD IMPROVEMENTS("Agreement"),
is by and between the City of Fort Worth, a Texas home rule municipal corporation ("Ciff") and
Clearfork MF1, LP, a Texas non-profit corporation ("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 IMPROVEMENTS
1.01 Developer shall provide,furnish,and perform the services specified herein for the landscape areas
within Trailhead Bend Way and Gage Avenue, as shown on Exhibit "A" (collectively, the
"Improvements") in accordance with this Agreement. Trailhead Bend Way and Gage Avenue shown on
Exhibit"A"are hereafter referred to as the"Project Site."
SECTION 2
DUTIES AND RESPONSIBILITIES
2.01 Developer shall commence, carry on, and provide the services contemplated in the Contract in
accordance with this Agreement and its attachments and all applicable laws. In providing such services
for the Improvements,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 Improvements,as follows:
Description of maintenance obligations—Maintain landscaping and private irrigation systems.
Remove and replace dead vegetation.Trim and prune trees and shrubs.
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
omission 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 Improvements described
in Section 2.02 in the manner required by this Agreement, City shall provide written noEFT. WORTHO
Clearfork MF1,LP Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave. ECORD
Page 1 of 9 ETARY
TX
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 create
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 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 pursuant
to Section 2.03 above, or the City expends any funds in performance of said work for labor, use of
equipment,supplies,materials,and the like that is Developer's obligation hereunder and which Developer
has failed to perform pursuant to Section 2.03 above,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 the cost difference between the City's standard specifications and the
Improvements installed by the Developer. 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 all necessary reviews,approvals,consents,and inspections,if any,required
for installation of the Improvements have been or will be made pursuant to plans approved by the City.
SECTION 5
RIGHT OF ACCESS
5.01 Developer and its agents have the right at any time to enter the Project Site to perform its
obligations pursuant to this Agreement. Developer shall use good faith efforts to minimize impact on
traffic circulation when performing such obligations. A street use permit, encroachment agreement or
authorization to enter into the public right-of-way shall not be required in connection with performance of
Developer's obligations pursuant to this Agreement.
5.02 The City will have the right but not the obligation to make routine inspections of the
Improvements. 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.
Clearfork MF1,LP Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.
Page 2 of 9
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 OFANYKIND, INCLUDING,BUT NOT LIMITED TO, THOSE FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY
RELATE TO,ARISE OUT OF OR BE OCCASIONED BY(i)DEVELOPER'S BREACH OFANY
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 APPLY TO ANY
LIABILITY TO THE EXTENT RESULTING FROM THE NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF THE CITY OR ITS OFFICERS,AGENTS,EMPLOYEES, OR SEPARATE
CONTRACTORS,AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF
BOTH DEVELOPER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S
GOVERNMENTAL 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 in connection with performance of this Agreement(except to the extent resulting
from the negligence or intentional misconduct of the city or its officers, agents, employees, or separate
contractors),and the Developer hereby releases the City from any and all such claims.The City does not
guarantee police protection and will not be liable for any loss or damage sustained by Developer, its
members, employees, agents, contractors, subcontractors, invitees or licensees in connection with
performance of this Agreement (except to the extent resulting from the negligence or intentional
misconduct of the city or its officers, agents, employees, or separate contractors). It is further agreed
that the acceptance of this release shall not constitute a waiver by the City of Fort Worth of any defense
of governmental immunity,where applicable.or any other defense recognized by the statutes and court
decisions of this State.
SECTION 7
INSURANCE
Developer shall not commence work under this Agreement until it has obtained and provided
documentation thereof for the insurance required by Exhibit`B", 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" `B.
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
Clearfork MF1,LP Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.
Page 3 of 9
to control the details of the work performed hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees and
subconsultants/subcontractors.Nothing herein shall be construed as creating a partnership or joint venture
between the City and Developer, its officers, agents, employees and subconsultants/subcontractors, and
doctrine of respondeat 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 except as expressly provided herein. 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 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(3)business days after being placed in the
United States Postal Service for delivery to the other party in accordance with Section 13.
Clearfork MF1,LP Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.
Page 4 of 9
SECTION 12
NON-DISCRIMINATION/DISABILITIES
Developer,in its installation or maintenance of the Improvements,or 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:
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:
Clearfork MF1,LP
4200 South Hulen, Suite 614
Fort Worth,Texas 76109
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
Improvements ("Allowed Assignment") In the event of an Allowed Assignment,Developer will notify
the City within thirty(30) days of such assignment. If notice of an Allowed Assignment is not provided
within thirty(30)days to the City such assignment shall be void. In the event of an assignment permitted
above, Developer shall automatically be released from any further obligation or liability under this
Clearfork MR,LP Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.
Page 5 of 9
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.
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.
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]
Clearfork MF1,LP Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.
Page 6 of 9
IN WITNESS WHEREOF,the Parties have each executed this Agreement by each parry'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:
CLEARFORK MF1,LP,
a Texas limited partnership
R
By: By: Clearfork MF1,GP,LLC,
Dana Burghdoff a Texas limited liability company,
Acting Assistant ity Manager Its general partner
Date: �2-DZO
By:
Craw ord H. dwards,Manager
Date:
Approved as t Form and Legality
M&C: w
Assis ant i y Attorney ' f d R 7' Date:
ATTEST
By: "f
Mary er ;, ................
City Secretary '
Contract Compliance Manager
By signing, 1 acknowledge that I am the person responsible for the monitoring and administration of this
co tract,including ensuring all per nnance and reporting requirements.
Janie S. Morales, Planning Manager
Development Services Division
EKWORTH,
CORD
FARY
`�"�
Clearfork MF1,LP Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.
Page 7 of 9
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 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 Awu� day of
2019.
N
a��
' MARIA S,SANCHEZ ot Pub is in and for the State of T xas
:0
My Not ID#2256490
r + Expires December 19,2021
QFF110AL
CITY 5ECRFTARW"
Clearfork MF1 Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.
Page 8 of 9
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 Crawford H. Edwards, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed,as Manager of Clearfork MF 1,GP,LLC,a Texas limited
liability company, General Partner of Clearfork MF1, LP, a Texas limited partnership, on behalf of
said limited partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this Llt�l day of
A h )2019.
Notary K61ic man r the State of Texas
EMILY DOTSON
�S Notary Public, State of Texas
"'• ��F Comm.Expires 08-05-2020
Notary ID 13076664-2
LOFFICIALORDARY',T I
Clearfork MR Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Av
Page 9 of 9
Exhibit"A"
! MARATHON AVENUE
(PRIVATE ROADWAY)
GEARFORK ADON
GC NYYy LOT
M(PRMIAE PLRME_WR_fMY)
FL—� TEI I
�� EOWAROS RANG, s
G.EnaFora(Aml1
BLAG(NW,Z LOT 1
C" 13 as
CZ C'1 0 0 93 C3 i
(XEARFORI(AWN STREET
LEGEND li!II PELOTON
I�ij .......... .
THE SHOPS AT LANDSCAPE/SIDEWALK ®UIt11rO0a PM11'"
CLEARFORK
S �WONTIsson aar11177
own:FEsuwrv2019 nCNLmaa.3=uo
Exhibit A-Clearfork MFl Landscaping Maintenance Agreement for Trailhead Bend Way,and Gage Ave.—
Page 1
Exhibit"B"
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—If Developer will utilize employees to perform work within
the term and scope of this Agreement, then it shall maintain, during the term of this
Agreement and any extension period, statutory Workers' Compensation Insurance on all
of its employees engaged in work under this Agreement,and for all subcontractors unless
such subcontractors maintain their own Workers' Compensation Insurance.
d. Professional Liability (Errors & Omissions) — If appropriate, Insured shall maintain
Exhibit B-Clearfork MF1 Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.—
Page 1
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 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.
Exhibit B-Clearfork MF1 Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.—
Page 2
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.
Exhibit B-Clearfork MF1 Landscaping Maintenance Agreement for Trailhead Bend Way and Gage Ave.—
Page 3