HomeMy WebLinkAboutContract 19931 k r s .
u_ .
t
reem(.,nt for the Donation and
Maintenance of Landscaping improvewenOL-S
in the W_ Lancaster venu Median
(Between University Drive and Wi.i l .off iers, Road West'j,
STATE F TEXAS
COUNTY OF TARRANT
This reemen is made and entered itto by an wee, n she
(_'i t y of Fort Worth, a municipal corpGratioa, sx-,wated in Ilarrant
and Denton Counties, Texas, acting herein by and through it_ duly,
authorized City Manager or duly designated A s15t- t City Mp .age-r,
hereinafter referred to as the "City", and the Ks.zk. k? -,rc
Foundation /b/ Kiwbcll .art Museum, a Texas n n.,-rof it
corporation, acting herein by and the°ough its duly authorized Vice-
prppesrish�de]nt, Dr. and P. Pillsbury, hereinafter refGrret to a the
RECITALS
1. The City of Fors Worth is currently engaged w n_
construction of improvements to West Lancaster Avenue h teen
University t Drive and Montgomery Street-
2 .
The Kimbell has offered to pay all costs for the instal" ation
of certain landscaping improvements to Jtte_3,,ied�aa, t-0 be
installed in the portion of W. Lanca. -4 4,9a��
University Drive ar, Will. Rogers Rc ci �f�' ' ;� f
City's improvement project. 4
-
0 1'1 ,
3. The City will pay all costs for instal l 1 _ 1ri S n u.i non
system for these landscaping improvements.`. � �
4 . The Kimbell has further offered to fund the maintena,L;e of
this portion of the land c pin and the o� eratio al ajar of
this portion of the irrigation system.
a It ough Banded by the Kimbell, the landscapinig improve-1- �nts
upon completion and acceptance by the City,, shall gbocc;;t e tAhle-
property of the City.
a The City has agreed to include e These affidsc a p,i rt,i a r'i
in subject o she to i €and conditions tion� s t Aims �� �. forth h. S=ri .
NOW, THEREFORE, KNOW ALI, PERSONS BY THE E VIPEIS!
Plt-'ZMENT OF COSTS FOR L,%NDSCAPING 1tUDR(—' �."=far���T
AND OPERATION A F IRRIGATION TE
For and in consideration of the mutu,a:i- covenants onta ne-c°°
herein, the Kiiabell agrees to pay ail costs ofE t-he follow",ng : = .
assoclated ,with the W. Lancaster Avenue project:
esi gin, mateM l als and -installation of 'ari d__ ra i n a
consisting o trees and turf; and
(b) Ope ationa r costs of an irrigation system, for sage,
The above improvements kill be installer in the W. Larxcast�t),`
Avenue median between University Drive and .Will Rogers Road (-'st
2 .
PLANS AND SPECIFICATIONS
The Kinbell agrees to provide at its sole expense all pan
and SPecifications necessary for the installation of tInu
landscaping. The plans and specifications X 11 be in
c n -anc wi
68MOMW-d. cost of the landscaping installation in Un awcoun't;
designated by the, City, and this deposit sha3 '3'
precedent to any furthcr obligai,tion by thee Cit',,; lcc,, Wit'nx
performance of this Agreement.
4a
FURT-1,11MR, _11B.Q�JTRED DSPOSITS. .,iNSTALLATION OF
LAADSCAPING iMPROVENENTS
Aitur deposit of the estimated cost for the instal3ation of
the landscaping improvements, City shall proceeCL tO take MCA Or
otherwise acquire all materials and labor necessary for the
inatallation cf the landscaping improvements . In the event that
the bids or other offers received by the City for the insiallation
cd the 2 ands cgip?ng improvements exceel the amounts depositad by the
Kimbell, the Director shall so notify the Kimbell and the Kimbell
shall make a further deposit to cover these costs, and suca further
deposit all be a condition precedent to further performance by
the City hereunder, Upon such further deposit, t1he C..'.,'_ty will
proceed to have the landscape and irriqation improvements installed,
in the W. Lancaster median. The final cost of the landiscaping
improvements shall be determined as soon as reasonably possible
after completion of the project and if the cost of construction
exceeds the estimated cost, the Kimbell shall increase tA8 amou"t
of its contribution to the Cityfs designated account to cover such
increase. in the event that the final actual landscaping
improvement costs are less than the estimated cost as deposited by
the Kimbell, City shall refund the difference! to the Kimbeil within
thirty (30) days from the submission of the contractor's bill .
5 .
IMINTENANCE- FAILURE TO MAINTAIN
(a) After conso tion and installation of lardscaping
improvements, the Kimbt - agrees to maintain at its sole cost and
expense the landscaping and irrigation system and pay all costs of- ,
operation associated therewith for an initial per-JiLod of t ty-five
(25) years, subject to automatic extension for successivG periods
of five (5) years each by the Kimbell,, provided it has complied ' ,
with all City ordinances and requirements . "Maintenance" shall
include without limitation the mowing, fartilizing, wei dinq. and
edging of grass, trash and litter removal, the cleaniag of concrete
in W. Lancaster median, and the watering, trimming, and
replacement of trees and turf . The Kimbell sha-,11 pay wan e:r
bills associated with the irrigation system. "Maintenarne" shall
further include all maintenance, rapair, or rep 1 a- �� of tne
irrigation system, All maintenance. shall 7.e t�,,,) th.m . tan day_ds
required under current and future City of F0,r't loic-;�-:_,th ,,, IzEar
landscaping improvements in City roadways and median so a l as miny
-3-
be reasonablv Drescribed bv the Director or his de,31gsiated,
t"epresentative.
(b) it is furt),li-er iuriderStood and agreed theat if the Kimbiell
should fail tc maintain thG landscaping and irrigation system as
t -
116zein sti-Pulated, City shal_� have the but tz ,,-.he duty to
assui-ne maintenance in a, acc-optable to c Clity. Cit Iiaii
be under no obligation to retain tAh4e improvements or naintaira thcs,-
I T11 any certrain condition. In. the event it is necessary for the
City tC, 111airta_ 4
, 1.tn the referenced imprcvemeats due to the fail-i'Irc
the Kimbell, after notice, to perform the necessary improvements
required herein, City way bili the Kimbell for the reasonable and
necessary costs of such maintenance, The Kinibell agrees co pay
such bills withirl ten (110) days from submission by t City,
6 .
!1,1PROVMNC-NTS REMM- SOLE PROPERTY OF CITY
The landscaping installed pursuant to this Agree.ment shall'.
upon cori filet ion of installation and acceptance by the City, become
I-lie sole property of the City and the Kimbell shall. have no right,
title or i-anterest thereto. The City may, in the reznsan b]e
exercise of its governmental powers to control the public streets
and roadways of the city, determine in its sole 'discretion to
utilize the public road-way for any other public purpose and may afs,
a cons-.quence thereof remove all or any portion of landscaping
con5tructed pursuant to " -,,is Agreement without any liability or
expense to tfie Kimbell or any other person.
7 .
NO GEWNT OF-PROPERTY RIGHTS
The Kimbell understands and agrees that this Agreement does
not grant to Kimbeli any right t-o use or occupy propert'y within the.
public :-.-:)adway nor any property right in and to the "andscaping An0
irrigation system.
COMPLIANCE WTTH APPLICABLF LAW
Thc Kirib4EJI agreRs L
to cMnply fully witli all appli- able
Lederal, -
s�- ate and local laws, statutes, ordinances, codes, o-,,:
reg lam i-ons in connectioa with its activities hereunder.
-4-
WDEMVIFICATION
The Kimbell covenants and agrees to indemnity, hold haemiessj,
and def?,�n--d .�,he City and City's officers , agents , and employu�s jrOM;
against any and all claims or suits for pro pre rLy daninn cl: LOSS,
and/or personal injury, including dewth, to any and all r z,-,sons,
arising out of or in connection with, directly or indireci 1. ON!,
design and maintenance of the landscaping improvemen�s & 'i
operation of the irrigation system, whetheL or not 7aused in whoiiF-s
or in part L-y the ealleged negligence of the officers, c--gents,
employees, contractors, subcontractors of tha City; and,
hereby aozumes all liability and responsibility for such claims or
suits. Kinbell shall likewise assume all liability and
responsibility and shall indemnify City for any and all in3ury or
damage to City propeity, arising out of or in connection with any
and all acts or omissions of the Kimbell, its Wficers, agents,
servants, employees, contractors, subcontractors .. liccnsees,
invitees, or trespassers. Provided, however, the" the
indemnification provided for in this section shall not excoad the
affmounts roquired for liability insurance a-, se-t forth -n the
aubsequent section of this Agreement.
10 .
INSURANCE
The Kimbell agre�es to take out and maintain a po). ,Lcy or
policies of insurance, naming the City as an additional insured,
covering all public risks related to the landscaping and operation
of irrigation system provided for herein. That amounts of such
insurance shall not be less than the following,:
Property Damage (per occurrence) $ 100, 000 . 00
Bodily Injury on Death (per person) $ 500, 000no
Bodily Injqry or is
(per occurrence)
$1,000; 000, 00
The Kiiiadbeli agrees that such insurance auuounits wa-,- bie ,,,-, svised
reasonably upward at the City's option, and the Kimbell covenants
and agz-ees to so revise such amwcun-us within thirty ( 3C) days
following notice to the Ximbell of such requirement. Such
insurance policy shall provide that. it (cannot lb, canc�" ,- d or
amended without at least thirty (31) days prior written notice
the City.
A. copy of the certificate of insurance certifying such
coverage ahall be attached hereto as Exhibit "B" ,
- 5-
LIMITED WAIVER OF . IT- E !YUIUMxTY
The Rifabell agrees that '1 J enti le to any i u i y or imitation of ll ity ande ,,
provisions of the Charitable iMmunity and Li, �_Ii y Act of
�:..P @��.r , , 504ro 001 3t seq. , or other appl cabl law, t,-at
N
Kimbell hereby expressly waives its right to a_s ert .: T-A ea '.
defensively any such iTmlunity or limitation of x i s�>1 i t again�s
the i, r#ov- e , however, that this section sh _.I not �:
construed as a waiver or disclaimer e�f any Luc - uni_r ",
liability as aaai_nst any party other than the City.
12.
SUC'C'ESSORS AND ASSEGNS
This agreement sfiail be binding u �,,n, rlle parties here-to, thei-
successors and assigns.
13.
pnNDITION PRECEDENT TO KIMBELL'S OBLIGATIONS
All of he obligations of the Kimbell under_ this agreement CM
su je--t to the condition that the City deli on and properly inst
at its cost, in a timely manner and in working order, a suit bli
irrigation system in the gds Lancaster median, in order that thc'i
Kimbell Wilf be in a Posit-or to carry out its obligation tc
maintain the land caping. improvibments and the irri gation ysterr-
i tl e City dues not carry out its obligation with regard to hE,
irrigation system by January 31, 2994, the Kira ea.i may defer i t�:
obligations hereundet until December 1994.
EXECUTED this QLAck
ATTEST: CITY OF P07T WOTIT
/pg
/ed
City Secretar 'ti!Ael Groomer
rvyl
Z"Y
Assistant City nanager
APPROVEn AS TO FORM AND LEGALITY;
A i t aT 17 C-ity AtOpQey
KIMBELL ART FOUWDA�ION/
KIMBELL IMUSEUM
ry
-AL
D r E dal t d P P, I s bu.
Vice-President
Jjv,o
Dx.vtanct A.uzhCr,,j',zat-,,'
-'ate
STATE 01 TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a hhnaiy W 0k: in, an
fac Iche Stats W Texas . cm: this day verscnKily ap eared Mik
Groomer, Assistant City Manager, knowm v-1 T e.e
name is subscribed to the foregoing instruFenv, and ack,awl edged V:
me that the aame was the act of the City of v,-rt Wor'ch and that 0-
executed the same as the act of said the My of Fort Wrth for th,
purposes and consideration therein expx , ", in t'
therein stated.
U"�;.DEF A�N_ SEAL OF OFFIC
o RIVy Public in-01 fcr----- -
Wh
UUM the State of Texas
A 7t,!z-OF
AM
-MEW
ZPTATE OF TEXAS 2";
COUNTY OF TARRAW S
BEY ORE M E, the undersigned authority, a Naiarl ?1 ;lic in
fox the State uf Texas, on this day personally appeare, Dr. Edw,
R. Pillsbuzy, Vice-President, known to w� tr,- ',,- iz__,,-io,'-_- -�rson �
name A subscribed to ther f oxegol ng instrument, and nv& wledgW
toe t1 w; the asan'ie 1"�aw the act of Art Rs tion d/
Kimbell Art Museum and that he executed thEt SaMW aS the act of s,
Kimbell Art Foundation d/b/a Kimbell Art oz7' u
r c
and consideration therein expressed and in Wia wyac k t11-tez-,
stated.
GWEN UNDER HY WORD WMD SEA-IL OF this d�,a
19
Notary Public i, 1 for
the State of Texas
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CITY OF FOWC WORTH, TEX-AS
TPANSPORTAVON AND PUBLIC WORKS DEPARTMEW1
10 00 THE Kt OtVON MEET
FORT WORTH,TEXAS 76102
eptember 29, 1993 17)871-7800
Larry Eubanks
Building Superintendent
ibell Museum
ramp bowie Boulevard
Fort rfeitlt, i 76107-2792
Dear Mr. Eubanks:
The Tra is Engineering Division has reviewed the revised landscaping plans for the
t reSet.
ste iect between University Drive and jjo� i
West, t o �
With the exception of removing of the tree just east of the intersection of Lancaster
and Arch Adams, the plans meet the City's guidelines for median landscaping, °his is
the tree we`discussed earlier.
Be sure the trees are sized such that a minimum of 6' exists betvveeh the ground and
the lea �>est l r !clues. rre trees should ultimately e trammed u t ' i irnum. Sri
City reserves the right to trim car remove trees or vegetation when it inter,eres with
traffic safety.
,f 1 may be of further assistance, you may contact me at (817)871-3055.
ricerely
niter
A. Cooper,
C-ity Traffic Engineer
-C: file
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sza.^.o THIS CERTIFICATE IS ISSUED tS A 264 TTE-R OF 'WF''RMIA KYN ONLY
CONFERS NO RIGHTS UPON-THE CEPTIF16AT -H; OF-P. T€as a v;C' -
ALTER THE COVERAGE AFFORDED pr
P.0, Box 908 POLICIES SFLO'Nd
Port Worth, 16101 COMPANIES AFFOR I`,R—m CO3JE Al:f
(817) 3:�6-2
A CONTINTE1,71TAL INSURANCE: CO.
KIMBELL ART FOUNDATION COMPANY C
KIMPELL ART MUSEUM
X 3 3 C " BOWIE �,".T s u-TTER Y
FORT WORTH, TX 7610
s a �Z
THIS iS TO CERTIFY THAT THE PO'LICIE£OP i.'_t J,nr'US"EO FIEL"'N HAVE BEEN 12SUED TO THE INSURED NAMED ABOVE FOR,TOE POLICY PERIOD
INDICATED,NOTWITHSTANDING.ANY REFt 7"s"E`;:.'c. ="4AJ C7P GOND;:,0N OF"ANY CONTRACT OR OTHER u`J=%=J,MENT f11T PESrECTTC} YH2GH THIS
CERTIFICATE P.9AY BE ISSUIED OR NIAr r TT. E a URAdCE JRDFD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITION O 'Jr a`
rs,a �!TS SH,I'N WAY tlA:E BEER F—DUCED, By PAID CLAIM?ll -
YY6�E 4F iMSUR,#NC£ .y.v NUMBER --°'GY E -TN'c POLICY:EXPIRAUON
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3 r--RiPTV,4 OF
CERTIFICATE HOLDER IS NAMED AS ATE ADD'TI NAL ISU ' COVERING ALL
PUBLIC RISKS RELATED TO THE LAXIDSCAPING AND OPERATION OF IRRIGATION
m.
Al 'ELL
EMRANON DATE r�iEREO z- ,.... ._- _. �G.',-
OF FORT WORTH LEFT TO iJAIL ". 4M � A.._ W ww,, NO .,_H WW
' WORTH TX 76102 '