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HomeMy WebLinkAboutContract 42655CITY SECRETARY CONTRACT NO. ALZ_ G AGREEMENT FOR MAINTENANCE AND LANDSCAPING SERVICES THIS AGREEMENT ( "Maintenance Agreement ") is made and entered into October 24th, 2011, by and between the City of Fort Worth, a home rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas (hereinafter referred to as "City' ") and CRP Cypress West 7th, L.L.C., a Texas limited partnership (hereinafter referred to as "Developer. SECTION 1 DESCRIPTION OF PROPERTY 1.01 The City and Developer hereby agree that Developer will provide, furnish, and perform the services specified herein on City -owned medians and right -of -ways (hereinafter called the "Project Sites' ") located on West 7th Street, Norwood Street, Crockett Street, and North University Drive as further described in this Agreement in Exhibit "A ", attached and incorporated into this Agreement. SECTION 2 DUTIES AND RESPONSIBILITIES 2.01 Developer shall commence, carry on, and provide such services 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 Construction Contract between Developer and Amicus Construction, LTD. Developer's General Contractors, which contract is the subject of Community and Facilities Agreement Contract No. 42484 between Developer and the City of Fort Worth Transportation and Public Works Department (such Construction Contract and Community and Facilities Agreement Contract are referred to herein as `'Contracts "): a. Maintain landscaping and private irrigation systems, components, and sumps. Remove and replace dead vegetation. Make sure any cracks in sidewalks are weed free. Trees and shrubs need to be trimmed and pruned according to their species. Make sure trash is picked up on a regular basis b. Maintain special sidewalk, ADA ramps, brick pavers, and pavement treatments. c. Maintain seating walls, newsracks, trash receptacles, benches (all types), waterproof outlets, handrails, conduits, lighting, and all private utilities. d. Maintain designated on- street parking (parallel parking spaces). e. Maintain all PVC stub outs and drain lines connected to City stone f. Maintain lights attached to buildings including string lights and ka110ffTML RECORD Page 1 of 12 CITY SECRETARY FT. WORTH, TX g. Maintain landscape uplights, step lights, and led in -grade lights. h. Maintain all the tree well types. i. Maintain Banners attached to Street lights according to City policy. j. Maintain all sleeves. k. Maintain retaining walls. 2.03 The City shall be responsible for maintaining its streets and travel lanes excluding the aforementioned designated on- street parking and special pavement treatments in accordance with normal City policies and procedures. The City shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by Developer or the Developer's authorized representative. 2.04 In the event that any City -owned property, such as utilities, equipment, turf, etc., are damaged or destroyed during watering, or maintenance of the landscape improvements due to negligence or acts of omissions of Developer, Developer shall be responsible for all repairs or replacements. 2.05 In the event Developer, its successor or assigns, fails to maintain the areas described in Section 2.02 in the manner required by this Maintenance 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 Maintenance 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 Sites and take whatever steps reasonably necessary to correct the non - compliant conditions and to charge the costs of such repairs to Developer, its successors and assigns. 2.06 In the event 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 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 upon demand, within thirty (30) days of receipt thereof for the cost difference between the City's standard street pavement design and the Improvements installed by the Developer and for the total cost of any repairs that are outside of the street pavement area. In the event that Developer or its successors or assigns fails to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots within the Project Site area owned by Developer. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. A release of lien shall be filed in the office of the County Clerk of Tarrant County. Texas upon reimbursement by Developer for all reasonable and actual costs incurred by the City tOr the work perfonned. Page 2 of 12 2.07 In the event the City performs any work of any nature, or expends any funds in performance of said work, on any of the areas requiring maintenance by Developer as described in Section 2.02, the City shall return those areas to their original condition upon completion of the work. SECTION 3 TERM OF AGREEMENT This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on Developer, its successors and assigns, and any other successors in interest with respect to the Project Sites. SECTION 4 TITLE AND CONSTRUCTION 4.01 The Parties acknowledge that the Improvements to be maintained as provided in this Agreement are the subject of the Contracts and that all necessary reviews, approvals, consents, inspections and modifications of such Improvements, if any, have been or will be made pursuant to those Contracts. Subject to the provisions of the Contracts, Developer shall retain ownership of the landscaping plants, special sidewalk and pavement pavers, benches, project signage, special lighting and other Improvements located in the City right -of -way pursuant to the Contracts. SECTION 5 RIGHT OF ACCESS 5.01 City does not relinquish the right to control the management of the Project Sites, or the right to enforce all necessary and proper rules for the management and operation of the same. 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 Sites (without causing or constituting a termination of the use or an interference of the use of the Project Sites by Developer) for the purpose of inspecting and maintaining the same and doing any and all activities necessary for the proper conduct and operation of public property; provided this shall not authorize or empower City to direct the activities of Developer or assume liability for Developers activities. 5.02 The City will have the right but not the obligation to make routine inspections of the Project Sites. In the event the City observes non - compliance of an area or a condition which poses an immediate threat to life, health, or property, the City shall notify Developer in writing and give a reasonable period of time to correct the area in accordance with Section 2.05 of this Agreement. 5.03 Developer shall inspect the areas described in Section 2.02 and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Improvements described in Section 2.02. The inspection shall cover the entire areas described in Section 2.02, and portions thereof which need maintenance or replacement to Page 3 of 12 perform their design function shall be noted in the inspection report along with the corrective actions to be taken. SECTION 6 INDEMNIFICATION 6.01 DEVELOPERS, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND /OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) DEVELOPERS BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO LANDSCAPE MAINTENANCE OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 6.02 Developer, its successors or assigns, covenants and agrees that City shall in no way nor under any circumstances be responsible for any property belonging to Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which may be stolen, destroyed, or in any way damaged, and Developer hereby indemnifies and holds harmless City from and against 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 any of the premises. 6.03 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 Page 4 of' 12 7.01 Developer shall not commence work under this Agreement until it has obtained all the insurance required under the Contracts and the City has approved such insurance. Developer shall be responsible for delivering to the City Developer's certificate of insurance for approval. Subcontractors shall provide to Developer documentation of insurance reasonably equivalent to that required of Developer's General Contractor under the Construction Contract, according to the liability exposures related to the subcontractor's services and /or materials. A. Commercial General Liability Insurance: Developer shall procure and maintain during the life of this contract and any extension period, a commercial general liability insurance policy in the amount not less than $1,000,000 covering each occurrence. B. Worker's Compensation Insurance: Developer shall procure and maintain during the life of this contract and any extension period, Workers' Compensation and Employers' Liability insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident /occurrence, $100,000 each disease per employee and $500,000 disease policy limit. C. Automobile Insurance: Developer shall procure and maintain, during the life of this contract and any extensive period, a comprehensive bodily injury and property damage automobile liability policy in the amount not less than $1,000,000.00 for each accident. This policy shall cover any automobile used by Developer within the scope of this contract. 7.02 The insurance specified in 7.01. hereof shall comply with the following requirements: a. The City of Fort Worth, it's Officers, Employees, and Volunteers shall be named as an Additional Insured on Developers Insurance Policies. The additional insured status does not apply to Worker's Compensation policies. b. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. c. Each insurance policy shall be endorsed to provide the City a minimum thirty (30) days notice of cancellation, non - renewal, and /or material change in policy terms or coverage. A ten -day notice shall be acceptable in the event of non - payment of premium. d. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. e. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. f. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. g. Unless otherwise stated, all required insurance shall be written on the 'occurrence basis ". h. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in Page 5 of 12 statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety (90) days. i. Deductible limits, or self - funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. j. City will not be responsible for the direct payment on insurance premium costs for Developer's insurance. k. Developer's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self - funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 1. While the Agreement is in effect, Developer shall report, in a timely manner, to the City any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. m. Upon the request of City, Developer shall provide complete copies of insurance policies required by these contract documents. n. Insurance certificates satisfactory to the City must be received before Developer can begin work. Failure to supply and maintain such insurance shall be a breach of contract. 7.03 The City acknowledges that the insurance described on the Insurance Certificate attached hereto as Exhibit B satisfies the insurance requirements of this Maintenance Agreement. SECTION 8 INDEPENDENT CONTRACTOR 8.01 Developer shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Developer shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein shall be construed as creating a partnership or joint venture between the City and Developer, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondent superior has no application as between the City and Developer. SECTION 9 LICENSES AND PERMITS 9.1 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 Page 6 of 12 10.01 Developer, its successors or assigns, agrees that it shall do no act nor make any contract that may create or be the foundation for any lien upon or interest in the City's property, and any such contract or lien attempted to be created shall be void. Should any purported lien on City property be created or filed, Developer, its successors or assigns, at its sole expense, shall liquidate and discharge same within thirty (30) days after notice from City to do so. SECTION 11 TERMINATION AND DEFAULT 11.01 Subject to the provisions of Section 12.02 below, in the event Developer fails to comply with any of the terms and conditions of this Agreement after notice and the passage of the appropriate cure period provided in this Maintenance Agreement, City shall have the right, and without further notice, to declare this Agreement immediately terminated by written notice to Developer and to enter into and take full possession of the Project Sites save and except such personal property and equipment as may be owned by Developer. In the event of such cancellation of this Agreement by the City, all rights, duties and privileges of Developer hereunder shall cease and terminate. 11.02 Developer shall be notified by written correspondence of Developer's failure to comply with any of the terms and conditions of this Agreement. Developer shall have thirty (30) calendar days 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 the indemnification requirements found in Section 6 of this Agreement. 11.04 Termination notice shall be considered rendered when placed in the United States Postal Service for delivery to the other party in accordance with Section 14. SECTION 12 NON - DISCRIMINATION /DISABILITIES 12.01 Developer, in its maintenance, occupancy, or use of said the Project Sites shall not discriminate against any person or persons because of race, age, gender, religion, color, national origin, sexual orientation, or disability. SECTION 13 NOTICES 13.01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and addressed to the other party as follows: Page 7 of 12 CITY City of Fort Worth Transportation & Public Works Department George Behmanesh 1000 Throckmorton Fort Worth, Texas 76102 With copes City Attorney's Office 1000 Throckmorton Fort Worth, Texas 76102 CRP CYPRESS WEST 7'', L.L.C. 15601 Dallas Parkway STE 400 Addison, TX 75001 SECTION 14 VENUE AND JURISDICTION 14.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 15 SUBLETTING AND ASSIGNING 15.01 Developer agrees that it will not subcontract or assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City and any attempted subcontract or 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"). 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 Maintenance Agreement. Notwithstanding the foregoing, or anything in this Maintenance Agreement to the contrary, it is understood and agreed that Developer will contract or subcontract various parts of its obligations hereunder to other 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 respectix e successors. representatix es and permitted assigns. if any. Page 8 of' 12 SECTION 16 WAIVER, SECTION HEADINGS, AND SEVERABILITY 16.01 It is agreed that 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 SUCCESSORS AND ASSIGNS. 17.01 This Agreement shall be recorded in the Real Property Records of the applicable county and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property 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 hereto 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 hereto and attached and made a part of this Agreement. 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 hereto and their respective successors and assigns. Page 9 of 12 IN WITNESS WHEREOF, the parties have executed this Agreement in multiples, this 24th day of October, 2011. CITY OF FORT WORTH By: ,,r•L_... Fernando Costa Assistant City Manager App ov o Legality By: Assis City Attorney NO M &C REQUIRED Page 10 of 12 f k- f OFFICIAL RECORD CITY SECRETARY I FT. WORTH, TX CRP CYPRESS WEST 7T", L.L.C. By: Cypress Partners West 7 1 III, LP, its Developer / Administrative Member By: Cypress Equities II, LP y: Cy ress Equities II GP, LLC By: Name: Brian Parro Title: 6� Page I I of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 Fernando Costa, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of O 2011. EVONIA DANIELS *° * MY COMMISSION EXPIRES July 10, 2013 THE STATE OF TEXAS § COUNTY OF TARRANT < < 4otary Public in and for the State of Texas BEFORE ME, the undersi ned authorit , a Notary Public in and for the State of Texas, on this day personally appeared 51Z)"'F1Wzo , 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, aswy? of Carlyle /Cypress West 7h GP , LLC, a Texas limited liability company, general partner of Carlyle /Cypress West 7t', L.P., a Texas limited partnership, as the act and deed of said limited liability company and said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this IS day of �Dv154ZV-a— .2011. RENETTA LEE GILL My Commission Expires October 11, 2015 R a 5' Page 12 of 12 dthe k otary Public in and for State of Texas OFFICIAL RECORD CITY SECRETARY I� FT. WORTH, TX BEIWETT• BEMJEP . PETTIT ARCH ITECTS +PLANNERS Date: 11 -09 -2011 Project: West 7th Northwest Block Landscape Project No.11114.01 Exhibit A 500 West 7th Street, Suite 1400 Fort Worth, Texas 76102 Tel 817.335.4991 Fax 817.877.1861 www.bbptx.com Description of Streetscape Improvements Northwest Block A. ROW Streetscape Improvements - Hardscape North University Drive, Crockett Street, Norwood Street and West Seventh Street. 1. All sidewalks along North University Drive, Crockett Street, Norwood Street and West Seventh Street will be comprised of Salt Finish Gray concrete, scored, or shake -on acid finish, colored concrete with a score pattern or clay pavers on concrete base slab with mortar setting beds at the corners with contrasting color radial paver band. 2. Decorative pedestrian scaled street lights with banner supporting arms will be located within street ROW. 3. Waterproof duplex outlets within large tree wells along Crockett Street and Norwood Street. 4. Low integrally colored concrete walls and cheek walls with a false form -hole pattern within the ROW at various locations and at steps. 5. Metal handrails with finish located at steps. 6. Step lights located within cheek walls adjacent to steps. 7. Handicap ramps will have side slope flares that will be brick on concrete sub -base with mortar setting bed to match sidewalks at corners. Ramps will consist of brick with 2' wide band of contrasting tactile pavers at bottom of ramps. 8. In- ground lights located in pavers or concrete outside the ramp at corner of the intersection of Crockett Street and Norwood Street. 9. Up- lights within planted tree wells along Norwood Street and Crockett Street. 10. Ends of concrete cheek walls capped with a faux - finish corten steel metal plate. 11. PVC drains and stub -outs from storm drain inlets. 12. Decorative metal poles for street signage (to be breakaway poles and not be blocked by obstructions). 13. All types of site benches. trash receptacles, and planter pots. 14. Reinforced concrete retaining wall and reinforced concrete deck running along North University Drive. 15. Concrete risers - all sizes. 16. Curbs and pavement adjacent to transformer yard (hatched in "Exhibit 13-2 "). B. ROW Streetscape Improvements - Landscape All plants within R.O.W. will be maintained at a minimum height of 24 inches. BEI�NETT• BEWEP • PETTIT ARC HITECT S +PLANNERS 500 West 7th Street, Suite 1400 Fort Worth, Texas 76102 Tel 817.335.4991 Fax 817.877.1861 www.bbptx.com Crockett Street ROW: 1. Small triangular open tree wells will be planted with Variegated Liriope. 2. Planting beds that vary in length will be planted in Variegated Liriope and in- filled with Red Yucca, Indian Hawthorn, Harbor Belle Nandina, Little Gem Magnolia, and Live Oak. 3. A Bermuda Grass area and screen of red yuccas is located adjacent to transformer yard. 4. Trees in small wells will consist of Ginkgo. 5. All trees will be provided with a sump if required (based on an on -site percolation test). C. ROW Streetscape Improvements - Landscape Norwood Street ROW: 6. Small triangular open tree wells will be planted with Variegated Liriope. 7. Large triangular open tree wells will be planted with Variegated Liriope and in- filled with Harbor Belle Nandina and Live Oak. 8. Planting beds that vary in length will be planted in Variegated Liriope and in- filled with Indian Hawthorn, Harbor Belle Nandina and Live Oak. 9. Trees in small wells will consist of Ginkgo and trees in large tree wells will consist of Live Oak. 10. All trees will be provided with a sump if required (based on an on -site percolation test). D. ROW Streetscape Improvements - Landscape North University Drive ROW: 11. A portion of University and Crockett Intersection will be planted in Hypericum and Variegated Liriope. E. ROW Streetscape Improvements - Landscape West Seventh Street: 12. Planting beds that vary in length will be planted in Variegated Liriope and in- filled with Harbor Belle Nandina and Live Oak. LAId13 HO-OA \§§ ru \ \k(j ¢2 22 E)00 } °22 j§ ¢¢§E3 S G 3 � ■ ? 2 , [ � ��\ 133uIx 000Muow `«v ij � � / r [ | �| --- —' ' --