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HomeMy WebLinkAboutContract 60919Date Received: 2/8/2024 Permit No.: MAINT24-001 Time Received: 1:52 p.m. City Secretary No.: 60919 AGREEMENT FOR MAINTENANCE OF NON-STANDARD IMPROVEMENTS THIS AGREEMENT FOR MAINTENANCE OF NON-STANDARD IMPROVEMENTS ("Agreement"), is by and between the City of Fort Worth, a Texas home rule municipal corporation ("City") and 815 Commerce LLC ("Developer"). City and Developer are sometimes referred to as a Party or Parties. This Agreement will be effective as of the Effective Date established herein. SECTION 1 DESCRIPTION OF PROPERTY 1.01 Developer is the owner of certain property in Fort Worth, Tarrant County, Texas, located at 811 Commerce St., Tarrant County, and depicted on "Exhibit A ", attached and incorporated into this Agreement (the "Developer Property"). 1.02 The City and Developer hereby agree that Developer will provide, furnish, and perform the services specified herein on City -owned sidewalks and right-of-ways (the "Project Site") located adjacent to the Developer Property, as further described in this Agreement in "Exhibit B ", attached and incorporated into this Agreement. SECTION 2 DUTIES AND RESPONSIBILITIES 2.01 Developer shall commence, carry on, and provide the services contemplated in the Contracts (as defined herein) in accordance with this Agreement and its attachments and all applicable laws. In providing such services, Developer shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by the City or the City's authorized representative. 2.02 Developer represents that it has or will secure, at its own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide maintenance of the following elements ("Improvements"), all of which are to be installed pursuant to and as more particularly described in the contract for construction services by the Developer. a. Description of items to be maintained — Street trees and grates adjacent to the property as indicated on Exhibit B. Maintenance Agreement of Non -Standard Improvements Page 1 of 15 Revised 2/8/23 BN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 n o t i c e 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, c u r b s , equipment, turf, t r e e s , etc., are damaged or destroyed during maintenance of the improvements due to negligence or acts of omissions by Developer, Developer shall be responsible for all repairs or replacements of same. 2.06 In the event Developer, its successor or assigns, fails to maintain the areas described in Section 2.02 in the manner required by this Agreement, City shall provide written notice of the non -compliant conditions to Developer, its successor or assigns. Developer, its successors or assigns, shall make any necessary repairs to comply with this Agreement within thirty (30) days of receipt of such written notice or, if such repairs are not reasonably able to be completed within thirty (30) calendar days, Developer shall have, within that period, begun work on such repairs and shall diligently pursue them to completion, provided, however, that if the non -compliant conditions creates a condition which poses an immediate threat to life, health, or property such repair shall be completed within thirty (30) days of receipt of written notice. If Developer, its successors or assigns, does not make such repairs as provided herein, the City may enter upon the Project Site and take whatever steps reasonably necessary to correct the non -compliant conditions and to charge the costs of such repairs to Developer, its successors and assigns. 2.07 The City is not obligated to repair the Improvements beyond a level of City's standard specifications. In the event, however, the City pursuant to this Agreement performs any work of any nature that is Developer's obligation hereunder and which Developer has failed to perform, or the City expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like that is Developer's obligation hereunder and which Developer has failed to perform, Developer, its successors or assigns, shall reimburse the City, within thirty (30) days of the City making such demand, for the costs attributable to such work Maintenance Agreement of Non -Standard Improvements Page 2 of 15 Revised 2/8/23 BN performed by the City including: (i) the cost difference between the City's standard street specifications and the Improvements installed by the Developer and (ii) the total cost of any repairs that are outside of the street pavement area. In the event that Developer or its successors or assigns fails to pay the City for the costs incurred under this section, the City may take whatever legal steps are necessary to recover from Developer all reasonable and actual costs incurred by the City for the work performed. SECTION 3 TERM OF AGREEMENT The term of this Agreement shall commence upon the Effective Date and shall continue until the earlier of (i) Developer's permanent removal of the Improvements from the Project Site and restoration of the Project Site to the then -existing City standards or (ii) the earlier termination of this Agreement as provided herein. SECTION 4 TITLE AND CONSTRUCTION The Parties acknowledge that the Improvements to be maintained as provided in this Agreement are the subject of the Contracts and that all necessary reviews, approvals, consents, inspections and modifications of such Improvements, if any, have been or will be made pursuant to those Contracts. Subject to the provisions of the Contracts, Developer shall retain ownership of the landscaping, special sidewalk and pavement pavers, benches, project signage, special lighting and other Improvements installed or located in the City right-of-way pursuant to the Contracts. SECTION 5 RIGHT OF ACCESS 5.01 City through its Manager, Transportation and Public Works Director, police and fire personnel, and other designated representatives, has the right at any time to enter any portion of the Project Site (without causing or constituting a termination of the use or an interference of the use of the Project Site by Developer) for the purpose of inspecting and maintaining same and taking any and all measures necessary for the proper conduct and operation of City property; provided this shall not authorize or empower the City to direct the activities of Developer or assume liability for Developer's activities. 5.02 The City will have the right but not the obligation to make routine inspections of the Project Site. In the event the City observes non-compliance of an area or a condition which poses a threat to life, health, or property, the City shall notify Developer in writing in accordance with Section 2.06 of this Agreement. Maintenance Agreement of Non -Standard Improvements Page 3 of 15 Revised 2/8/23 BN SECTION 6 INDEMNIFICATION 6.01 DEVELOPER, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS A GAINST ANYAND 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 DEVELOPER'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) DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO MAINTENANCE OR THE PERFORMANCE OF DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PA RA GRAPH 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 the Developer hereby releases the City from any and all such claims. The City does not guarantee police protection and will not be liable for any loss or damage sustained by Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on the Project Site. It is further agreed that the acceptance of this release shall not constitute a waiver by the City of Fort Worth of any defense of governmental immunity, where applicable. or any other defense recognized by the statutes and court decisions of this State. Maintenance Agreement of Non -Standard Improvements Page 4 of 15 Revised 2/8/23 BN SECTION 7 INSURANCE Developer shall not commence work under this Agreement until it has obtained a n d provided documentation thereof for the i nsurance 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 a Is o provide to Developer and City documentation of insurance required by Exhibit C. SECTION 8 INDEPENDENT CONTRACTOR Developer shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Developer shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, and employees and sub-consultants/subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and Developer, its officers, agents, employees and sub consultants/subcontractors, and doctrine of respondent superior has no application as between the City and Developer. SECTION 9 LICENSES AND PERMITS Developer shall comply with all federal, state and local laws, rules and regulations as well as with all regulations, restrictions and requirements of the police, fire and health departments now or hereafter in effect which are applicable to its operations. Developer shall obtain and keep in effect at its own cost and expense all licenses, permits, and taxes incurred or required in connection with this Agreement and its operations hereunder. SECTION 10 LIENS Developer, its successors or assigns, agrees that it shall do no act nor make any contract that may create or be the foundation for any lien upon or interest in the City's property, and any such contract or lien attempted to be created shall be void. Should any purported lien on City property be created or filed, Developer, its successors or assigns, at its sole expense, shall discharge same within thirty (30) days after notice from City to do so. Maintenance Agreement of Non -Standard Improvements Page 5 of 15 Revised 2/8/23 BN 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 business days after being placed in the United States Postal Service for delivery to the other party in accordance with Section 13. SECTION 12 NON-DISCRIMINATION/DISABILITIES Developer, in its installation or maintenance of the Improvements, of occupancy or use of the Project Site, shall not discriminate against any person or persons because of race, age, gender, religion, color, national origin, sexual orientation, or disability nor will Developer permit its officers, agents, employees or subcontractors to engage in such discrimination. Maintenance Agreement of Non -Standard Improvements Page 6 of 15 Revised 2/8/23 BN 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 conv to: City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 DEVELOPER: 815 Commerce LLC 3 Sugar Creek Center Blvd., Ste 100 Sugar Land, TX 77478 SECTION 14 VENUE AND JURISDICTION This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County. Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. SECTION 15 ASSIGNMENT 15.01 Developer agrees that it will not assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City and any attempted assignment of same without such prior consent of the City shall be void except that Developer may, without prior written consent, assign any or all of its rights, privileges or duties hereunder to an affiliate (defined as an entity under common control with Developer) or to an authorized Public Improvement District whose boundaries include the Project Site ("Allowed Assignment") or to the purchaser of the Developer Property as provided in Section 15.03, below. In the event of an Allowed Assignment, Developer will notify the City within thirty (30) days of such assignment. If notice of an Allowed Assignment is not provided within thirty (30) days to the City such assignment shall be void. In the event of an assignment permitted above, Developer shall Maintenance Agreement of Non -Standard Improvements Page 7 of 15 Revised 2/8/23 BN automatically be released from any further obligation or liability under this Agreement. Notwithstanding the foregoing, or anything in this Agreement to the contrary, it is understood and agreed that Developer will contract or subcontract various parts of its obligations hereunder to others to perform on behalf of Developer, and such contracting or subcontracting is expressly permitted hereunder. 15.02 Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any. 15.03 Notwithstanding anything herein to the contrary, no provision of this Agreement shall be construed to prohibit or restrict Developer's ability to sell, lease, pledge or otherwise transfer the Developer Property or any part thereof. Upon any such transfer of the Developer Property, the benefits and obligations of this Agreement shall run with the Developer Property, or portion thereof, and bind Developer's successors in interest in proportion to the interest in the Developer Property so transferred. SECTION 16 WAIVER, SECTION HEADINGS, AND SEVERABILITY 16.01 In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Developer or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 16.02. The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. 16.03 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. SECTION 17 RECORDATION This Agreement shall be recorded in the Real Property Records of the applicable county and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Developer Property and Project Site, or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Developer Property and Project Site and to the City. Maintenance Agreement of Non -Standard Improvements Page 8 of 15 Revised 2/8/23 BN 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] Maintenance Agreement of Non -Standard Improvements Page 9 of 15 Revised 2/8/23 BN IN WITNESS WHEREOF, the Parties have each executed this Agreement by each party's duly authorized representative. This Agreement shall be effective upon the execution and date subscribed by the City's designated City Manager ("Effective Date"). CITY OF FORT WORTH DEVELOPER: 815 Commerce LLC a Texas limited liability company DAhg Bus'�G�doff By: Dana Burgbdoff (Feb 8, 02412:37 CST) By: 815 Commerce Managing Member LLC Dana Burghdoff a Texas limited liability company Assistant City Manager Its: Managing Member Date: Feb 8, 2024 By: 815 Commerce Manager LLC a Texas limited liability company Its: Manager By: _ �a Kishan Patel Manager Date: 7_1, %Zo2q Approved as to Form and Legality By: Douglas Black (Feb 8, 202410:27 CST) M&C: Douglas Black Assistant City Attorney Contract Compliance Manager Date: Feb 8, 2024 By signing, I acknowledge that I am the person responsible or the monitoring and administration of this contract, including o �poRrn➢a ensuring all performance and reporting ATTEST p;°° ° �o9P, requirements. -1d ' i - t A .J�$S�a-2.+ LdaIl nEXA5aap Rebecca Owen (Feb 8, 202410:30 CST) By: V Rebecca D. Owen Janette S. Goodall Planning Manager City Secretary Date: Feb 8, 2024 Date: Feb 8, 2024 Maintenance Agreement of Non -Standard Improvements Page 10 of 15 Revised 2/8123 BN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX -rH1 PA(; r vR-uFkjLjAL-UrFy USE UN L Y 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 Dana Burghdoff, 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 8th day of February 20 24 o�pRYPCBROOKE BONNELL . 2 Notary Public , * * STATE OF TEXAS Notary I.D. 134009525 OF: ' My Comm. Exp. Oct. 11, 2026 /3aee,�e 8eruza.� Notary Public in and for the State of Texas Maintenance Agreement of Non -Standard Improvements Page 11 of 15 Revised 2/8/23 BN THE STATE OF § COUNTY OF Frf-LL.Pvm { BEFORE ME, the undersigned authority, allotar�ublic in and for the State of I•Q,)c%S , on this day personally appeared Kl ��1 C—i—eA , 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 �Acmnir� i LQ— a Texas i company, as the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �(� day of dean I . 10 N4 . MONICA 1M. SALINAS hotwy Public. State of Texas E'7-pires 01.16-2027 ' Notary ID 131856892 Y 4otaind or ktheState of Texas Maintenance Agreement of Non -Standard Improvements Page 12 of 15 Revised 2/8123 nN EXHIBIT A PROPERTY DESCRIPTION BEING a part of Block 111 of Original Town of Fort Worth, in Tarrant County, Texas; and embracing Lots 1 through 8 in Block 111, Parcel 2 (the "Executive Wing Tract") described in the deed to 815 Commerce LLC, recorded in Document Number D221332691, of the Tarrant County Records. Maintenance Agreement of Non -Standard Improvements Page 13 of 15 Revised 2/8/23 BN I �� w,�� BEVENTH 6TREET ,66 RDBLiD RpW m = N j - A - --------- j o i 0--0 I � L_ J yy L_ J m �\ ��� ;S2 sz q5`p��j9yzLinnmmi ------------ _ -O� 1y- - 1(G _____ mREFER CIVIL DWNGr_•1�a.o,T_ p �c r _ A ryn EIGHTH STREET 160' GUBLIC R.O.W. 4 o Fort Worth H tel Annex y 811 Commerce Street e M E R I D I E N 9 Fort Worth, Texas 76102 =g �. e a AN H STORIC TAX CREDIT PROJECT EXHIBIT B DETAILS OF IMPROVEMENTS Maintenance Agreement of Non -Standard Improvements Page 14 of 15 Revised 2/8/23 BN Exhibit B - Details of Improvements CCANOPY TREE W/UNDERGROUND STAKES C w M 3 J 0 - / iur� wuEo I _ �i wwrwE mcmE A°CAL)CONT.I6' IREf I? N-GCENTRAELEADERED, W I PLANTING NOTES: j 1. ALL PLANTS SHALL BE SET OUT FOR APPROVAL BY THE OWNERS REPRESENTATIVE PRIOR TO INSTALLATION. 2 PRE -APPROVED LIST OF TREES ARE AS FOLLOWS: - SHUMARD OAK - CHINQUAPIN OAK - ALLEE ELM - DAWN REDWOOD = BURR OAK - TEXAS RED OAK - DURAND OAK - MONTERREY OAK - GINKGO (MALE) _BIG TOOTH MAP LE - CADDO MAPLE - CEDAR ELM - LAVEBARK ELM 3. THE CONTRACTOR SHALL LOCATE ALL UTILITIES AND EASEMENTS IN THE FIELD PRIOR TO COMMENCEMENT OF WORK CONTRACTOR IS - ' Tree Grates grates p changed to 5' per s llnlipA� � 111 s City request J P� LOTS 1-8. BLOCK III ORIGINAL TOMN OF FORT WORTH (UNRECORDED) HOTEL TEXAS ANNEX, LLC (INST. NO. D214198889) R� Street Tree Grate DODSI 11 ,. — RESPONSIBLE FOR ANY DAMAGE TO UTILITIES DURING THE COURSE OF CONSTRUCTION. Maintenance ' 4. WRITTEN DIMENSIONS SHALL GOVERN OVER SCALED DIMENSIONS. 5. THE CONTRACTOR SHALL REFER TO THE SPECIFICATIONS FOR Agreement- ADDITIONAL INFORMATION AND REQUIREMENTS ASSOCIATED W1T1 ADDITI Tree Grates & �y. THE LANDSCAPE AND ACCESSORIES. Irrigation . PLANT MATERIALS SHALL MEET ANSI 280.1 STANDARD FOR 8ALL CALIPER, HEIGHT, AND ROOT BALL SIZE. ANY MATERIALS THAT DO NOT MEET OR EXCEED SUCH STANDARDS SHALL BE REECTED AND — — — - REPLACED AT THE CONTRACTOR'S EXPENSE. 7. BALLED AND BURLAPPED TREES SHALL HAVE THE TOP HALF OF THE WIRE BASKET REMOVED. THE BURLAP SHALL BE REMOVED TO THE GREATEST EXTENT POSSIBLE. USING A KNIFE TO CUT AND REMOVE THE BOTTOM HALF UNDER THE WIRE BASKET THAT REMAINS. 8 ALL QUANTITIES PROMDED ARE TO BE VERIFIED AND ARE THE RESPONSIBIUTY OF THE CONTRACTOR. TEMPORARY IRRIGATION NOTES: I. PROPOSED TREES SHALL RECEIVE TEMPORARY WATERING FOR ESTABUSTHMENT. 2 CONTRACTOR MUST MAKE ALL ARRANGEMENTS AND PAYMENT FOR Y TEMPORARY WATER, MEETING ALL REQUIREMENTS OF LOCAL JURISDICTON. Y 1 CONTRACTOR IS RESPONSIBLE FOR METHODS, COST, FREQUENCY, QUANTITY, AND ALL MAINTENANCE UNTIL LANDSCAPE HAS BEEN y ESTABUSHED AND ACCEPTED BY THE OWNER'S REPRESENTATIVE ' AND MEETS THE REQUIREMENTS OF THE SPECIFICATIONS. 4 THE CONTRACTOR SHALL UTUZE TEMPORARY IRRIGATON BY ANY V ME OD APPROVED BY THE OWNER'S REPRESENTATIVE ON THE CONDITION THAT PLANING ESTABLISHMENT AND ACCEPTANCE IS THE SOLE REPONSIBILITY OF THE CONTRACTOR. r'- `�O F'ia I V4 COMMERCE STREET 3® PROPOSED CEDAR ELM OR I ' APPROVED EQUAL (TYP.) SEE PLANT SCHECf E THIS ' SHEET. i/ 1 O REVISIONS I p oEs"To" aN I A .NP.,a,�—Pxroa= PTI n.Am.. X A 4 0 5 GRAPHIC SCALE IN FEET 1'-10' ® OF POUT RDANL— -. P w/%/ iuv AHrHDR EROM nAMW(LEHR rtET g®SANF — IOUEa e55 - cx NO nN®s0 N00 —eIG— Ex — GETBACH RE NQ TLE ILU—T LIMI TS FENCE w PROPOSED TREE F li o,~EOF R", "I"I Pacheco Koch -R p � �°81-1-155 nc _ CONSTRUCTION NOTES FlRu LSIDoceom 0 A'NINGOR WALLS ANDR—T ALL SN UT"XUNLLESS 01�115ERWIgCNOTED. ) OTE SLL STRUNLEET RADIIOTHEWISELL BE 1S AND ALL DRIVEWAY RADII SHALL BE Q"\ OlE CONTRACTgi SHALL RELOCATE EXISTING FENCES AS NOTED TO ONE FEET aF PRO, RIGHT OF WAY 11 E CONTRACTOR SHALL CONTACT THE FOLLOWING AT (EAST 48 HOURS PRIOR TO TVANG 1neDGATEACH11�ATCN: ORT TH W&lER DEPT.-FlELO OPERATIONS (817) 392-829fi NIXtTH C j' B,], 671_6 T 1M05 FNSIGY P(8,DD 1� 218-4366 �NDDR GAS & ELECTRIC (817) 218-6214 wp OF F+4st °..5 R PWc8Tg18ARTLEY� 198X87 ,e oi%I°aq 11RruiE'aA�na�OHi OFF "A shim lDo°' 11TENGINEER IS AN CFFE4SE UNDER THE ALL O'ER FAdUlTER COMM1ES7) 509 00-DIC�lE55 338C HORIZONTAL N& VERTICAL CONTROL 6LE�&€S GIt i°&"E:1 TfiE.B° gE fE. ffE MWE O3 .-*'" 7 a T`J III [rA% � A AGNT W a.]] DEWM"v" M"F 16.9.. a N —1— E ... Euti_— 01 PROJECT 103506 X 7014 W 1PRC 21-0066 MAPSCO w.. FlD 30114-0200431-1035C6-EO]685 FAD M W. W/SS STUDY /NS-2021-I2]] CITY OF FORT WORTH, TEXAS F FORT WORTH HOTEL ANNEX - LE MERIDIEN x SITE IMPROVEMENT FOR BUILDING RENOVATION LANDSCAPE PLAN F ORAWN:EO JWS I4671Jo20 No. I DAM: L 2021 I 16 OF 23 S BET PK-4761-20.500DIMS.DWG EXHIBIT C CERTIFICATE OF INSURANCE Maintenance Agreement of Non -Standard Improvements Page 15 of 15 Revised 2/8/23 BN ADDITIONAL COVERAGES Ref # Description Coverage Code Form No. Edition Date Employee Benefits -Aggregate Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.