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Home My WebLink AboutContract 57182 Date Received: 02/28/2022 Perm it No.: MAINT21-016 Time Received: 2:07 pm Contract No.: 57182 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 ("CL") and Fort Worth Heritage Development,LLC,a Texas limited liability company("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 is the owner of certain property in Fort Worth, Tarrant County, Texas (the "Developer Pro e "), located adjacent to Exchange Avenue,the public right-of-way more fully depicted on "Exhibit A"(`East Exchange Avenue"), attached and incorporated into this Agreement. 1.02 Developer shall provide, furnish, and perform the services specified herein for the landscape areas within East Exchange Avenue,as depicted on Exhibit "B-1; as listed as a Developer obligation in the list included herein on Exhibit`B-2"and as is further specifically depicted on Exhibit "B-3"(collectively,the "Improvements") in accordance with this Agreement. East Exchange Avenue shown on Exhibit `B-1"is 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 Community Facilities Agreement No. 52059 (as amended, the "CFA") and in accordance with this Agreement, 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 the Improvements within the Project Site as more fully depicted in Exhibits 13-1, B-2, and B-3. 2.03 Developer shall maintain the areas and/or items 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 Developer 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 within a reasonable amount of time. Should Developer fail to take or address the corrective actions necessary pursuant to this Agreement, City shall have the right, but not the obligation to take such corrective actions within the Project Site and shall have reasonable access from time to time to the Developer's Property for the sole purpose of accessing the Project Site in order to maintain those Improvements extending from the Project Site to the immediately adjacent Developer Property OFFICIAL RECORD Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave. CITY SECRETARY Page I of 10 FT.WORTH, TX wherein the Project Site is located after giving Developer thirty (30) day written notice to Developer in accordance with Section 2.06 herein, and Developer fails to respond or maintain the Improvements in conformance with this Agreement, before the City takes such corrective action. 2.04 The City shall be responsible for maintaining its public streets and travel lanes, excluding the Developer's overlapping maintenance obligations described above, in accordance with normal City policies and procedures. In addition to its standard maintenance obligations, City shall maintain those items delineated on Exhibit `13-2" as shown as a City maintenance responsibility. 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 Developer Improvements 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 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 steps reasonably necessary, including accessing Developer Property for access to the Project Site, wherein the Improvements are located after thirty (30) days prior written notice to Developer, and Developers' successors or assigns as provided above, to correct the non-compliant conditions and to charge the reasonable costs of such repairs to Developer, its successors and assigns. 2.07 The City is not obligated to repair the Developer 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 reasonable 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 legal steps as 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(1) Developer's permanent removal of the Improvements from the Project Site and restoration of the Project Site to the City standards existing at the time of the execution of this Agreement or(ii)the earlier Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave. Page 2of10 termination of this Agreement as provided herein. SECTION 4 TITLE AND CONSTRUCTION The Parties acknowledge that certain of the Improvements to be maintained as provided in this Agreement are the subject of the CFA and that all necessary reviews, approvals, consents, inspections and modifications of such Improvements, if any, have been or will be made pursuant to the CFA. 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 vehicular or pedestrian 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. SECTION 6 INDEMNIFICATION 6.01 DEVELOPER, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,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 CITY) OR SUBCONTRACTORS, RELATED TO 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 Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave. Page 3 of 10 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 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, 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 Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave. Page 4of10 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. The City's right to access and maintain the existing Improvements located on Developer Property shall survive any termination of this Agreement for the sole purpose of maintaining the improvements existing at the time of this Agreement's termination. The City's right to access Developer Property shall immediately cease upon the removal of all improvements subject to this Agreement by Developer and/or City. In the event of such termination of this Agreement by the City, all rights, duties and privileges of Developer hereunder shall cease and terminate. The City shall have no right to enter in and/or otherwise access Developer Property to make improvements and/or repairs to the Improvements except in compliance with this Agreement. 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 occutring prior to the effective date of such termination and City's access rights to Developer Property as provided explicitly herein. 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. 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 City Manager's Office 200 Texas Street Fort Worth, Texas 76102 With copy to: City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave. Page 5of10 DEVELOPER: Fort Worth Heritage Development, LLC Attn: Craig Cavileer 13191 Crossroads Parkway N., Ste 600 City of Industry, CA 91746 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,which shall not be unreasonably withheld, 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 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. 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 Developer's 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. 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 Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave. Page 6of10 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 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] Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave. Page 7 of 10 IN WITNESS VMEREO1~, the Parties have each executed this Agreement by each p"'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: FORT WORTH HERITAGE DEVELOPMENT, ,may LLC,a Texas limited liability company g,-:DJ Harrell Teb 27,202215:17 CST) DI Hared.Director By: Majestic-Stockyards Investor,LLC, Dt vefop:nent Services a Delaware limited liability company, Feb 27,2022 its managing member By: Majestic Realty Co., S TO FDEZIi a California corporation, y,PPRDtTD A .2�R LEU'_ I 1 as duly authorized agent for the Manager of Majestic-Stockyards By-DBlack(Feb 25,20)217:06 CSTI Investor,LLC agent Dongtas Black Sr-Assistant City Attofney By: City Anomey s Office Name: ED D P. RQSKI Jet. -Date: Feb 25,2022 Its: Pmok'`r-nd CbehTnaa oftha DORM Date: 9/30/2021 ATTEST: add" $vJ etteS.Goodall(Feb28,202211& CST) CONTRACT COMPLIANCE ALMNA E : Jannette Gaodalt City seCl2T<9Sy By sigam_ g, I aclmowledge that I a„n the person Date. Feb 28,2022 responsible or the monitartng and admfnss=tzon FORT�� oftbis comract, including ensuring ali �O000000°o� performance and £eportrug requui enimts- ��0 0 /v 0 o=d Tanle Scarlet-"Morales Y� 0 0 y Janie Scarlett Morales(Feb 26,202216:38 CST) 19 Ay 1 0°000000000 'd Janie S. arales Ozj iXAS4:p Development Manager Date: Feb 26,2022 OFFICIAL RECORD CITY SECRETARY Port Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave. FT.WORTH, TX Page 8 of 10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifias only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On September 30, 2021 before me, Daniella Garcia, Notary Public (insert name and title of the officer) personally appeared Edward P. Roski Jr. who proved to me on the basis of satisfactcry evidence to t)e the persona}whose reme(e) islafe subscribed to the within instrument and acknowledged to me that h e/she4hey executed the same in hisiUa4t4oiF authorized cagacity{ie*, and that by hls!#e4th&signature*on the instrument the person*, a the entity upon behalf of wh16 the person{}acted, executed the i nstrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tfue and correct, WITNESS my hand and official seal_ D IEL.GARCL1 _ Notary FA41€-California Los AL.q#ts Co-jn€y _ Commission 0 2321813 *my Comm,Expires Jul�7,2024 Signature (Seal) THE STATE OF TEXAS § COUNTY OFTARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared DJ Harrell, Director of Development Services, 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 27th day of February , 2022 B i c h s o n Digitally signed by Bichson Nguyen Nguyen Date: 2022.02.28 1IR BICH SON THI NGUYEN 09:47:10-06'00' Notary Public ry I.D. 133389224 STATE OF TEXAS Notary Public in and for the State of Texas NotMy Comam.Exp.Oct. 113,2025 Maintenance Agreement of Non-Standard Improvements Page 11 of 17 Revised 12/28/2018 JLE Exhibit"A" East Exchange Avenue BEING a 2.1777 tract of land situated in the Isaac Thomas Survey, Abstract No. 1526,City of Fort Worth, Tarrant County, Texas; said tract and being part of E Exchange Avenue (a variable width right-of-way, dedication not found in the public record) as shown on the plat of Fort Worth Stock Yards Company, an addition to the City of Fort Worth according to the plat recorded in Volume 388-A, Page 1 1 1 of the Plat Records of Tarrant County, Texas; said tract being more particularly described as follows: BEGINNING at an iron rod found at the intersection of the south line of said E Exchange Avenue and the west right-of-way line of Packers Avenue(a variable width right-of-way); THENCE, along the said south line of E Exchange Avenue, the following six(6) calls: South 89°48'25" West, a distance of 137.05 feet to a point for corner; South 89048'18" West, a distance of 584.34 feet to a point for corner; South 89°48'26" West, a distance of 24.99 feet to a"+" cut found for corner; South 89'48'18" West, a distance of 280.50 feet to a point for corner; South 0°11'40" East, a distance of 1.58 feet to a point for corner; South 89°48'20" West, a distance of 182.17 feet to a point for corner; said point being the northwest corner of Lot 1,Block 1 OA,Fort Worth Stockyards Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 1 136 of said Plat Records; THENCE North 0°20'02" West, departing the said south line of E Exchange Avenue, a distance of 79.34 feet to a point for comer in the north line of said E Exchange Avenue; said point being in the west right- of-way line of Rodeo Plaza; said point being in the east line of that tract of land described in Warranty Deed to Hoyt T. Fincher, Jr. and Betty Sue Fincher recorded in Volume 10705, Page 1916 of the Deed Records of Tarrant County, Texas; THENCE,departing the said west line of Rodeo Plaza and along the said north line of E Exchange Avenue, the following four(4)calls: North 89°46'44" East, a distance of 267.50 feet to a point for corner; North 89'44'10"East, a distance of 442.75 feet to a 5/8-inch iron rod found for corner; North 89°4731"East, a distance of 351.11 feet to a"Y"cut found in for corner; North 89'49'12" East, a distance of 148.00 feet to an iron rod found for corner at the said intersection of the said north line of E Exchange Avenue and the said west line of Packers Avenue; THENCE South 0°06'26" East, departing the said north line of E Exchange Avenue, a distance of 78.47 feet to the POINT OF BEGINNING and containing 2.1777 acres or 94,860 square feet of land,more or less. 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BID ITEM UNIT ITEM TOTAL RESPONSIBILITY CITY DEPT WATER AND IRRIGATION IMPROVEMENTS 1 3312.2003 Water Service(Irrigation) EA 1 CITY PID 2 3312.0001 Fire Hydrant Relocate EA 3 CITY Fire 3 9999.0029 Irrigation Lateral,1-inch Class 200 PVC,belled end LF 3,520 DEVELOPER PID 4 9999.0030 Irrigation Drip Remote Control Valve Assembly,1-inch EA 5 DEVELOPER PID 5 9999.0031 Irrigation Tree Bubbler Assembly EA 25 DEVELOPER PID 6 9999.0032 Inline Drip Irrigation AssembIV,Netafim TLCV26-12 w/Rain Bird XQF Header SF 5,000 DEVELOPER PID 7 9999.0033 Irrigation Control Wire,Common,912AWG LF 700 DEVELOPER PID 8 9999.0034 Irrigation Control Wire,Active Zones,4f14AWG LF 4,500 DEVELOPER PID 9 9999.0035 Irrigation Control Wire,S ares,414AWG LF 1,300 DEVELOPER PID 10 9999.0036 Irrigation Controller Assembly,Standard Wire,12 Stations EA 1 DEVELOPER PID 11 9999.0037 Irrigation Backflow AssembIV with protective cacle,1-inch Febco 825YA EA 1 DEVELOPER PID 12 9999.0038 Irrigation Flow Sensor Assembly,Rain Bird FS100B EA 1 DEVELOPER PID 13 9999.0040 Irrigation Quick Coupler Assembly,Rain Bird 5RC EA 2 DEVELOPER PI❑ 14 9999.0041 Irrigation Pull Box Assembly,Carson 1730 EA 4 DEVELOPER PID 15 9999.0042 Irrigation Mainline,1.25"Schedule 40 PVC,belled end solvent weld fittings LF 700 DEVELOPER PID 16 9999.0043 Irrigation Sleeving,Mainline 2.5"Schedule 40 PVC LF 880 DEVELOPER PID 17 9999.0044 Irrigation Sleeving,Lateral 2"Schedule 40 PVC LF 3,8601 DEVELOPER PID PAVING,LANDSCAPE,AND TECHNOLOGY IMPROVEMENTS 18 9999.0017 Bollard Install-ref.'M-3'L0.01,'F'L4.02 EA 10 CITY 19 9999.0018 Paver Grate-95"-ref.'A'L4.02 EA 19 CITY 21 9999.0020 Steel Edge at Planting-ref.'M-5'L0.01 LF 50 DEVELOPER PID 22 9999.0024 Pink Paradise Red Yucca-3 gal. EA 68 DEVELOPER 23 9999.0025 Spineless Pricky Pear-5 gal. EA 53 DEVELOPER 24 9999.0026 Mexican Feather Grass-1 clal. EA 828 DEVELOPER 25 19999.0027 Gulf Muhl -1 gal. EA 244 DEVELOPER 26 9999.0028 Seasonal Color-4"pot EA 340 DEVELOPER 27 9999.0045 Triple Shredded Hardwood Mulch-3"depth CY 47 DEVELOPER 28 3214.0100 Brick Pvmt SY 5,025 DEVELOPER PID 29 9999.0011 Integral Color Concrete Pavin (Stamped) SF 990 DEVELOPER PID 30 9999.0012 Integral Color Concrete Pavincl(Top Cast Finish SF 1,245 DEVELOPER PID 31 9999.0016 Historical Star Marker-ref.'D'1-4.02 EA 116 CITY PID 32 9999.0021 Truncated Domes-ref.'G'L4.02 LF 410 CITY PID 33 9999.0022 Concrete Stairs-ref.'A'L4.06 EA 2 DEVELOPER PID 34 9999.0047 Compost CY 1 74 DEVELOPER PID 35 9999.0048 Live Oaks 84" 50"Boxes EA 10 DEVELOPER PID 36 9999.0049 Red Oaks 8-10"Caliper) EA 10 DEVELOPER PID 37 9999.0060Speaker Conduits LS 1 DEVELOPER PID 38 9999.0061 Camera Conduits LS 1 DEVELOPER PID SIGNAGE AND LIGHTING IMPROVEMENTS 39 3441.3029 FurnishAnstall Terrell Heights Luminaire EA 34 CITY TPW 40 2605.3016 2"CON DT PVC SCH 80 B LF 2,700 CITY TPW 41 3441.1407 NO 4Insulated Elec Condr LF 9,600 CITY TPW 42 3441.1408 NO 6Insulated Elec Condr LF 10 200 CITY TPW 43 3441.1409 NO 8Insulated Elec Condr LF 3 000 CITY TPW 44 3441.1501 Ground Box Type B EA 17 CITY TPW 45 2605.0111 FurnishAnstall Elec Sery Pedestal EA 1 CITY TPW 46 3441.4003 FurnishAnstall Alum Sign Ground Mount City Std. EA 42 CITY TPW 47 3441.4004 FurnishAnstall Alum Sin Ex.Pole Mount EA 44 CITY TPW 48 9999.0003 1"Liquid Tight Flexible Conduit LF 400 DEVELOPER 49 9999.0004 Weatherproof Duplex Receptacles Tree Lighting) EA 1 35 DEVELOPER 50 9999.0050 D3-Freestand Directory EA 4 DEVELOPER 51 9999.0051 H1-Herd Information Directory EA 2 DEVELOPER 52 9999.0052 H2-Herd CrDssinq Sin EA 1 DEVELOPER 53 9999.0053 Pl-Parkinq, Directional Sign EA 2 CITY PID 54 9999.0059 R1-Re .Generic Stop Sign EA 53 CITY PID 55 Parkin Direction Si ns EA 2 CITY PID 56I Parking Lot Identity/Directional EA 3 CITY PID 57I Pedestrian Directional Sin EA 1 CITY PID 58 Private si ns(Traffic Control/Freestanding/Stockyard Blade I.D.;Overhead I.D.Displays EA DEVELOPER 1 ff 7 LLI 0 4 D RZM FWD E Zl, :) zo U:u D t I ,�B--- - - I 'a V ------------ I-W 0 J-W - -- o UU, z Hill 2:z Fa J w I wo '___ 3AI80 A311V 31nvi O u z 2Z 0 u �71 u u z 7 0 0 sea@ a a aea ff 7 w 8A C) 2 g (k/ 84 PQ Q E m z Z:) E z S| � ` \ � �~~ j! \ ] � k� k£ \) \}\)})\}ƒ\\\\\\ �� / \ \ \ ) } \ 2 �° � / ��\}\ � \\\\\\ \ \ �� \\\}\ \ Iz ( \ � � �� \ ci:j o Fl Lr) LU LE o Q E E o \ � � \\\ / \ \ o cu m, 0 E 2 2 7 IL \ G8 -E } ) ) o E - "o c U w -2 -o 1� iE C.- o E 'r \ \ \ zo D- E \\ E E m E ai E ff 7 Q m No <Zu z 0 to (D (D QO (D (.0 l7 (D ul ul ul ul u, u- u- � u- L u- L W ul Lu Lu wj Lu It It Q� Ilz Ic cc o o o o N N N N t0 o o c 0 2 -2 -2 -2 2 -2 2 2 -2 E E E E E E E E E E E <1 < < <1 <I I < <1 < c c c a c c a o v a o c o o o o o N o o o o cc z z 2 2 z m m 0 0 z P: w t u 2 (u cu w w 0 LD tD .2 Lo Lo z z -- .1 -" ei In lzk 'I 'IF mmmm -a oFLn -i H e4 ei ei m ei N Ln A ei ff 7 w 8A 2 g (k/ 84 PQ Q E m z Z:)z S| � ` \ � �~~ j! \ ] � k� k£ \) \}\)})\}ƒ\\\\\\ �� / \ \ \ ) } \ 2 �° � ol \\ }\ \\\\ a M oo < z u I o 0 _ , I\ � u 02 < Lu L D Z Ln 2 o p u 7 LLI z zw C, Sf u 0 Q m 42D t-I 5 T F zoll um(Ono CL 0 in z 0 U LLI u U Co C) z IFIz 0 ------------- z tA I-m 3 2 w w o w LLI > z �.d = 0 2 tZ< Om 0 x 0 uj 0 >- LU c ou 01 < 0 0 z z 40 u 0 z 0. 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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. Evidence of such Workers' Compensation insurance shall be provided to the City upon request. Exhibit C-Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave.— Page 1 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 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 C-Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange 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. I. 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 C-Fort Worth Heritage Development,LLC Maintenance Agreement for Streetscape on Exchange Ave.— Page 3